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SIMA v. UNITED STATES

No. 48533.

96 F.Supp. 932 (1951)

SIMA v. UNITED STATES.

United States Court of Claims.

Decided May 1, 1951.

Attorney(s) appearing for the Case

Norman C. Melvin, Jr., Baltimore, Md. (Cook, Ruzicka, Veazey & Gans, Baltimore, Md., on the briefs), for the plaintiff.

Robert E. Mitchell, Washington, D. C., H. G. Morison, Asst. Atty. Gen., and Newell A. Clapp, Acting Asst. Atty. Gen., for the defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.

HOWELL, Judge.

The plaintiff, formerly a Lieutenant, United States Navy and Leader of the United States Naval Academy Band, was dismissed from the service on January 9, 1947, pursuant to the judgment and sentence of a Navy general court-martial. By this suit plaintiff seeks to recover the pay and allowance allegedly due him from January 9, 1947 to January 28, 1948, the date his petition was filed herein, on the grounds that the sentence of dismissal was void because...

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