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AMSDEN v. UNITED STATES

No. 134-54.

175 F.Supp. 147 (1959)

John J. AMSDEN et al. v. UNITED STATES. Frank M. MONDEAU v. UNITED STATES.

United States Court of Claims.

July 15, 1959.

Attorney(s) appearing for the Case

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

Cyril Moscow, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

MADDEN, Judge.

The plaintiff, Mondeau, is plaintiff No. 19 in the above-entitled case. The word "plaintiff" as used hereinafter will apply only to him. He seeks to recover retired pay denied him by the erroneous application to him of section 212 of the Economy Act of 1932, as amended, 47 Stat. 406, 5 U.S.C.A. § 59a. That Act forbade the payment, at the same time, of civilian Government pay, and military service retired pay, to retired officers, to the extent...

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