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APPELL v. UNITED STATES

No. 48948.

128 F.Supp. 153 (1955)

Isadore APPELL v. The UNITED STATES.

United States Court of Claims,

February 8, 1955.

Attorney(s) appearing for the Case

Monroe Oppenheimer, Washington, D. C., for plaintiff. Sher, Oppenheimer & Harris and James H. Heller, Washington, D. C., were on the briefs.

Francis X. Daly, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

MADDEN, Judge.

In our first decision of this case on January 5, 1954, we held that the plaintiff, having withdrawn his resignation of his commission in the Organized Reserves, still had the status of a Reserve officer, and was entitled to be paid the salary of his rank during the later period when he served in the Army as a draftee.

On May 4, 1954, we reversed our judgment in favor of the plaintiff, see 120 F.Supp. 772

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