TRACY v. UNITED STATES

No. 113-55.

142 F.Supp. 943 (1956)

Louis Standish TRACY v. The UNITED STATES.

United States Court of Claims.

June 5, 1956.


Attorney(s) appearing for the Case

Harry E. Wood, Washington, D. C., Ansell & Ansell, Washington, D. C., on the briefs, for plaintiff.

Alfred H. O. Boudreau, Jr., Washington, D. C., George Cochran Doub, Asst. Atty. Gen., for defendant.

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


MADDEN, Judge.

The issue is the rate of pay which plaintiff, a retired Army officer, is entitled to receive. He was retired May 1, 1950, for physical disability, his rate of retired pay being 60 percent of the basic pay of a lieutenant colonel with over 26 years' service, pursuant to Title IV of the Career Compensation Act of 1949, 63 Stat. 802, 37 U.S.C.A. § 271 et seq.

Plaintiff claims that, since he was serving on active duty in the temporary rank...

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