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SHERFEY v. UNITED STATES

No. 324-56.

157 F.Supp. 936 (1958)

Walter L. SHERFEY v. UNITED STATES.

United States Court of Claims.

January 15, 1958.

Attorney(s) appearing for the Case

Guy Emery, Washington, D. C., for plaintiff. Penrose Lucas Albright and Ansell & Ansell, Washington, D. C., were on the briefs.

Kendall M. Barnes, Washington, D. C., with whom was Acting Asst. Atty. Gen. Geo. S. Leonard, for defendant. Sondra K. Slade, Washington, D. C., was on the brief.

LITTLETON, Judge.

Plaintiff sues to recover additional retired pay which he claims is due him under the provisions of paragraph 4 of section 15 of the Pay Readjustment Act of June, 16, 1942, 56 Stat. 359, 368, 37 U.S.C.A. § 115, which provides that:

"The retired pay of any officer of any of the services mentioned in the title of this Act [Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service] who served in any capacity...

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