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EQUITABLE TRUST COMPANY v. UNITED STATES

No. 49631.

151 F.Supp. 933 (1957)

The EQUITABLE TRUST COMPANY and Kathleen H. Heisse, As Executors of the Last Will and Testament of John W. Heisse, v. The UNITED STATES.

United States Court of Claims.

June 5, 1957.

Attorney(s) appearing for the Case

Samuel T. Ansell, Jr., Washington, D. C., for plaintiffs.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

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

LARAMORE, Judge.

This is a suit by the executors of the will of John W. Heisse, hereinafter refered to as the decedent, to recover the difference between the active-duty pay and allowances of a lieutenant colonel with over 27 years' service, and the retired pay of a captain with over 6 years' service, during the period December 14, 1945, through June 12, 1946.

The facts as stipulated are as follows: On August 15, 1917, John W. Heisse accepted an appointment...

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