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UNITED STATES v. PERRY

Civ. No. 740.

141 F.Supp. 443 (1956)

UNITED STATES of America, Plaintiff, v. James A. PERRY, Defendant.

United States District Court E. D. North Carolina, Raleigh Division.

June 4, 1956.

Attorney(s) appearing for the Case

Julian T. Gaskill, U. S. Atty., Raleigh, N. C., for plaintiff.

John F. Matthews, Louisburg, N. C., for defendant.

GILLIAM, District Judge.

Upon the pleadings and affidavits filed, the plaintiff has moved for summary judgment under Fed.Rules Civ.Proc. rule 56(a), 28 U.S.C.A. The defendant has filed no counter-affidavits.

These facts are established:

For the period between February 1, 1947, and August 13, 1948, the defendant veteran received a total of $800.00 as readjustment allowance under Title 38, Sec. 696d, U.S.C.A., the first check being dated May 5, 1947...

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