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GILMARTIN v. UNITED STATES

No. 142-52.

109 F.Supp. 255 (1953)

GILMARTIN v. UNITED STATES.

United States Court of Claims.

January 13, 1953.

Attorney(s) appearing for the Case

Samuel T. Ansell, Jr., Washington, D. C., for plaintiff. Ansell & Ansell, Washington, D. C., were on the brief.

Lawrence S. Smith, Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for defendant.

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

JONES, Chief Judge.

This is an action by a retired army officer for the difference in retired pay of a colonel with over 26 years' service, to which plaintiff asserts he is entitled, and the retired pay of a lieutenant colonel with like service, which plaintiff has actually received, since August 1, 1950.

Plaintiff entered the United States Military Academy on June 14, 1918, and served as a cadet from that date...

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