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MILLER v. UNITED STATES

No. 50318.

104 F.Supp. 981 (1952)

MILLER v. UNITED STATES.

United States Court of Claims.

June 3, 1952.

Attorney(s) appearing for the Case

Fred W. Shields, Washington, D. C. (King & King, Washington, D. C., were on the briefs), for the plaintiff.

John I. Heise, Jr., Washington, D. C., Holmes Baldridge, Asst. Atty. Gen., for the defendant.

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

HOWELL, Judge.

Plaintiff, Adolph B. Miller, a citizen of the United States and a resident of Los Angeles, California, served for more than 30 years in the United States Marine Corps. On October 1, 1942, in conformity with the provisions of the Naval Disability Retirement Act of August 3, 1861, R.S. § 1453, 34 U.S.C.A. § 417, plaintiff was retired from active duty after having been found incapacitated for active service by reason of a service-incurred disability...

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