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BERRY v. UNITED STATES

No. 49288.

107 F.Supp. 849 (1952)

BERRY v. UNITED STATES.

United States Court of Claims.

Decided October 7, 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.

Ernest C. Baynard, Washington, D. C., Holmes Baldridge, Asst. Atty. Gen., for the defendant.

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

HOWELL, Judge.

This action is brought by a retired Commander in the United States Naval Reserve to recover (1) the active-duty pay and allowances allegedly due him for the period September 1, 1946, through October 19, 1946, and (2) the difference between the retired pay actually received by him since February 1, 1947, computed on the basis of 62½ per centum of his active-duty pay at the time of his retirement pursuant to the provisions of the Act of February...

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