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DAY v. UNITED STATES

Civ. A. No. 4-76-21.

441 F.Supp. 165 (1977)

Kerry P. DAY, Rhett G. Campbell, Richard D. Hugg, Peter H. Luke, Paul M. Scott, James A. Therhune on behalf of themselves and all others similarly situated v. UNITED STATES of America and Department of the Air Force.

United States District Court, N. D. Texas, Fort Worth Division.

November 17, 1977.

Attorney(s) appearing for the Case

Kenneth M. Morris, Houston, Tex., Richard L. Bourland, Fort Worth, Tex., Local Counsel, for plaintiff.

Robert M. Hollis, Civ. Div., Dept. of Justice, Washington, D. C., William L. Johnson, Jr., Asst. U. S. Atty., Fort Worth, Tex., for defendant.

MEMORANDUM AND ORDER

MAHON, District Judge.

Plaintiff brought this suit against the government to recover Basic Allowance for Quarters (hereinafter BAQ) pursuant to 37 U.S.C. § 403. There being no genuine issues of fact, both parties moved for summary judgment. Jurisdiction is present under 28 U.S.C. § 1346(a)(2).

Plaintiffs represent the class of all unmarried officers without dependents who, while serving in the Air Force, were permanently...

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