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HARBAY v. UNITED STATES

No. 71-55.

151 F.Supp. 324 (1957)

Steven J. HARBAY v. The UNITED STATES.

United States Court of Claims.

May 8, 1957.

Attorney(s) appearing for the Case

Calvin H. Childress, Washington, D. C., for plaintiff. Frederick W. Shields, Washington, D. C., was on the briefs.

Arthur E. Fay, 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.

LITTLETON, Judge.

Plaintiff sues to recover the difference between the retired pay of a lieutenant and the retired pay of a lieutenant commander credited with his years of service, from November 1, 1953, the date on which he was transferred from the Fleet Reserve to the retired list of the Navy, to date of judgment, pursuant to section 511 of the Career Compensation Act of 1949, 63 Stat. 829, 37 U.S.C.A. § 311. The parties have filed cross motions for summary...

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