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UNITED STATES v. CATES

Civ. A. No. 62-C-113.

230 F.Supp. 273 (1964)

UNITED STATES of America, Plaintiff, v. Ambrose T. CATES, Defendant.

United States District Court E. D. New York.

May 28, 1964.

Attorney(s) appearing for the Case

Joseph P. Hoey, U. S. Atty., for the Eastern District of New York, Brooklyn, N. Y., represented plaintiff. E. R. Eisen, Asst. U. S. Atty., of counsel.

Murray H. Miller, Jamaica, N. Y., represented defendant.

MISHLER, District Judge.

Motion for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure.

The Government claims the sum of $4,277.72 with interest from December 8, 1959, by reason of military pay erroneously paid by the Government for the period August 8, 1957 to October 30, 1958.

The complaint alleges and the answer admits the following facts:

Defendant enlisted in the United States...

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