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REMALEY v. UNITED STATES

No. 40-54.

139 F.Supp. 956 (1956)

Clarence A. REMALEY v. The UNITED STATES.

United States Court of Claims.

April 3, 1956.

Attorney(s) appearing for the Case

Paul R. Harmel, Washington, D. C., for the plaintiff. Geiger & Harmel, Washington, D. C., were on the brief.

John R. Franklin, Washington, D. C., with whom was Asst. Atty. Gen. Warren E. Burger, for the defendant.

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

MADDEN, Judge.

This case was before us at an earlier stage, on motions of both parties for summary judgment. We overruled both motions and sent the case to trial before a commissioner of this court 122 F.Supp. 679, 129 Ct.Cl. 159. We decided that if the tour of duty during which the plaintiff incurred his disabling illness was not training, he was entitled to the benefits of subsection...

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