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SPENCER v. UNITED STATES

No. 49438.

100 F.Supp. 444 (1951)

SPENCER v. UNITED STATES.

United States Court of Claims.

October 2, 1951.

Attorney(s) appearing for the Case

Thomas H. King, Washington, D. C., for plaintiff.

Paris T. Houston, Washington, D. C., and Holmes Baldridge, Asst. Atty. Gen., for defendant.

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

LITTLETON, Judge.

The plaintiff sues to recover disability retirement pay for the period between October 4, 1944, and December 31, 1949, as a Reserve Army officer on the ground that he was certified by the Secretary of War to the Veterans' Administration for disability retirement pay. Plaintiff contends that this certification was a final order by the Secretary of War and could be revoked only upon a showing of fraud, which was not present in his case. It is defendant...

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