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ROSNICK v. UNITED STATES

No. 193-54.

129 F.Supp. 958 (1955)

Louis M. ROSNICK v. The UNITED STATES.

United States Court of Claims.

April 5, 1955.

Attorney(s) appearing for the Case

Seymour Guthman, Washington, D. C., for plaintiff. Alexander A. Fleischfarb, Washington, D. C., and Elmer Gertz, Chicago, Ill., were on the brief.

Kathryn H. Baldwin, Washington, D. C., with whom was Asst. Atty. Gen. Warren E. Burger, for defendant.

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

JONES, Chief Judge.

The plaintiff, a former officer in the Army of the United States, sues for disability retirement pay from May 26, 1946, at which time he was relieved from active duty by reason of physical disability which was found not to have been an incident of the service.

For the purposes of this motion the essential facts as shown by the pleadings are as follows:

Plaintiff was called to active duty in the Army of the United States on July...

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