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EQUITABLE TRUST COMPANY v. UNITED STATES

No. 49631.

155 F.Supp. 749 (1957)

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

United States Court of Claims.

November 6, 1957.

Attorney(s) appearing for the Case

Samuel T. Ansell, Jr., Washington, D. C., for the plaintiffs. Ansell & Ansell, Washington, D. C., were on the brief.

LeRoy Southmayd, Jr., Washington, D. C., with whom was Acting Asst. Atty. Gen. George S. Leonard, for the defendant.

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

PER CURIAM.

Plaintiffs, as executors of the last will and testament of John H. Heisse, brought suit 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, for the period from December 14, 1945, through June 12, 1946.

Lt. Col. Heisse's first tour of active duty in the Army began with his appointment as a second lieutenant on August...

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