KIMBERLY v. UNITED STATES

No. 49940.

97 F.Supp. 710 (1951)

KIMBERLY v. UNITED STATES.

United States Court of Claims.

Decided June 5, 1951.


Attorney(s) appearing for the Case

Burr Tracy Ansell, Washington, D. C., for plaintiff.

Ansell & Ansell, and Mechlin, Marshall & Smith, Washington, D. C., on the brief.

John J. McGinty, with whom was Acting Asst. Atty. Gen. Newell A. Clapp, for defendant.

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


JONES, Chief Judge.

On October 31, 1945, the plaintiff was retired with the rank and pay of a colonel with over 30 years' service. He was retired for physical disability found to be an incident of the service under the provisions of the Revised Statutes, Section 1251, 10 U.S.C.A. § 933.

He claims that from October 1, 1949, he should have received the retired pay of a brigadier general. This suit is for the difference in the retired pay that he is receiving...

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