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HOLMES v. UNITED STATES

No. 88-55.

156 F.Supp. 727 (1957)

Frank M. HOLMES v. UNITED STATES.

United States Court of Claims.

December 4, 1957.

Attorney(s) appearing for the Case

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

Lawrence S. Smith, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., for defendant.

WHITAKER, Judge.

Plaintiff sues to recover an annuity on account of his civil service with the Government of the United States, in addition to the retired pay which he is receiving by reason of his service as an officer in the United States Army. His suit is based upon the Act of May 29, 1930 (46 Stat. 468), 5 U.S.C.A. § 691 et seq. The parties agree that the provisions of this Act are determinative of plaintiff's rights.

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