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HENRY v. UNITED STATES

No. 280-56.

153 F.Supp. 285 (1957)

Luke B. HENRY v. The UNITED STATES.

United States Court of Claims.

July 12, 1957.

Attorney(s) appearing for the Case

Donald M. Murtha, Washington, D. C., for plaintiff. Herbert S. Thatcher, Washington, D. C., was on the brief.

Thomas J. Lydon, South Portland, Me., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. Herbert M. Canter, Washington, D. C., was on the brief.

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

LITTLETON, Judge.

This is a suit to recover back pay which plaintiff, a veterans preference eligible, claims was denied him as a result of an alleged unlawful reduction in rank by the Veterans' Administration. Defendant moves for summary judgment dismissing the petition on the ground that there is no genuine issue as to any material fact and that as a matter of law defendant is entitled to judgment because of plaintiff...

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