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ADAMS v. UNITED STATES

No. 50338.

174 F.Supp. 952 (1959)

Ernest Cole ADAMS et al., v. UNITED STATES [In Case of John Edward BIRNEY v. UNITED STATES.]

United States Court of Claims.

July 13, 1959.

Attorney(s) appearing for the Case

Thomas M. Gittings, Jr., Washington, D. C., for plaintiff. Fred W. Shields and King & King, Washington, D. C., were on the briefs.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. Kendall M. Barnes, Washington, D. C., was on the brief.

MADDEN, Judge.

The plaintiff, John Edward Birney, is plaintiff No. 17 in the above-entitled case. The word "plaintiff" as used hereinafter will refer only to him.

The plaintiff, an enlisted man in the Navy, transferred to the Fleet Reserve on November 22, 1920, with credit for exactly sixteen years' service. As a member of the Fleet Reserve he received retainer pay of one-third of his active duty pay, which retainer pay was appropriate to his sixteen years...

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