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THOMPSON v. UNITED STATES

No. 171-52.

139 F.Supp. 935 (1956)

Hugh E. THOMPSON v. The UNITED STATES.

United States Court of Claims.

April 3, 1956.

Attorney(s) appearing for the Case

Richard L. Merrick, Washington, D. C., for plaintiff. Thomas H. King, Washington, D. C., was on the briefs.

Mary K. Fagan, 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.

WHITAKER, Judge.

Plaintiff, a major in the Specialist Reserve, Army of the United States, sues for retired pay, on the ground that the action of a retiring board and a disability review board, denying him retired pay, and the action of the Secretary of War, approving them, were arbitrary and capricious.

The facts have been set out in detail in the findings. We shall recite only such facts as seem pertinent to the determination of whether or not the action...

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