Chadbourne v. United States

Court of Claims

Chadbourne v. United States

80 Ct. Cl. 221, 1934 U.S. Ct. Cl. LEXIS 237, 1934 WL 2158

CourtUnited States Court of Claims

DecidedNovember 5, 1934

DocketNo. 42338

StatusPublished

This text of 80 Ct. Cl. 221 (Chadbourne v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chadbourne v. United States, 80 Ct. Cl. 221, 1934 U.S. Ct. Cl. LEXIS 237, 1934 WL 2158 (cc 1934).

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Opinion

Littleton, Judge,

delivered the opinion of the court:

The only question involved is whether the plaintiff’s orders relieving him from duty and directing him to proceed to his home involved a permanent change of station within the meaning of section 12, act of May 18, 1920, 41 Stat. 601, 604, as amended by section 12, act of June 10, 1922, 42 Stat. 625, 631.

The plaintiff contends that such orders constituted a permanent change of station, and, in our opinion, he is correct. The question has heretofore been considered by this court [223]*223and it was held in Bullard v. United States, 66 C. Cls. 264 and Henry v. United States, 74 C. Cls. 527, that such orders constituted a permanent change of station and that the officer was entitled to the transportation claimed. See, also, 34 Op. Atty. Gen. 346. Judgment will, therefore, be entered in favor of plaintiff for $92.81. It is so ordered.

Whalev, Judge; Williams, Judge; Greek, Judge; and Booth, Chief Justice, concur.

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Littleton, Judge,

delivered the opinion of the court:

The only question involved is whether the plaintiff’s orders relieving him from duty and directing him to proceed to his home involved a permanent change of station within the meaning of section 12, act of May 18, 1920, 41 Stat. 601, 604, as amended by section 12, act of June 10, 1922, 42 Stat. 625, 631.

The plaintiff contends that such orders constituted a permanent change of station, and, in our opinion, he is correct. The question has heretofore been considered by this court [223]*223and it was held in Bullard v. United States, 66 C. Cls. 264 and Henry v. United States, 74 C. Cls. 527, that such orders constituted a permanent change of station and that the officer was entitled to the transportation claimed. See, also, 34 Op. Atty. Gen. 346. Judgment will, therefore, be entered in favor of plaintiff for $92.81. It is so ordered.

Whalev, Judge; Williams, Judge; Greek, Judge; and Booth, Chief Justice, concur.

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Bluebook (online)

80 Ct. Cl. 221, 1934 U.S. Ct. Cl. LEXIS 237, 1934 WL 2158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chadbourne-v-united-states-cc-1934.

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