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MEISTER v. UNITED STATES

No. 54-62.

319 F.2d 875 (1963)

Marvin MEISTER v. The UNITED STATES.

United States Court of Claims.

July 12, 1963.

Attorney(s) appearing for the Case

Joseph J. Schwartz, Brooklyn, N. Y. for plaintiff.

Edgar H. Twine, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

JONES, Chief Judge.

The plaintiff is a commander in the United States Naval Reserve, attached in a pay status to the Naval Reserve Mobilization Team 3-8 which assembled for periodic training sessions at the U. S. Navy and Marine Corps Training Center, Freeport, New York.

On February 23, 1961, the executive officer of plaintiff's mobilization team addressed a letter to all members of that unit containing the following instructions:

"1. On 8 March 1961...

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