Gearinger

Court of Claims

Gearinger

202 Ct. Cl. 1092, 1973 U.S. Ct. Cl. LEXIS 105, 1973 WL 5001

CourtUnited States Court of Claims

DecidedJune 15, 1973

DocketNo. 489-54

StatusPublished

This text of 202 Ct. Cl. 1092 (Gearinger) 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

Gearinger, 202 Ct. Cl. 1092, 1973 U.S. Ct. Cl. LEXIS 105, 1973 WL 5001 (cc 1973).

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Opinion

Military pay; wrongful discharge. — This case has been before the court on several occasions (see 174 Ct. Cl. 899, 357 F. 2d 949; 188 Ct. Cl. 512, 412 F. 2d 862; 190 Ct. Cl. 943). On June 15, 1973, the court issued the following order.

“This case comes before the court on plaintiff’s motions, filed March 5,1973, under Rule 152, etc.; filed March 5,1973, to be allowed to amend petition (re Board for the Correction of Naval Record); filed March 5,1973, to be allowed to amend petition (re order of United States District Court for Massachusetts) ; and, filed March 14,1973, to be allowed to further amend petition. Upon consideration thereof, together with defendant’s opposition thereto, without oral argument, the court denies all the motions. As to the claim with respect to the amount paid to the Insurance Company the court views [1093]*1093this claim as separate and distinct from tlie claim asserted in No. 489-54 in this court.

“it is therefore ordered that all of the aforementioned motions of the plaintiff be and the same are denied with such denial to be without prejudice to plaintiff’s instituting a new action, either in this court or in the District Court, if so advised, to recover from the defendant the sum paid to Standard Accident Insurance Company in February, 1973.”

BY THE COURT

(Sgd) WILSON CoWEN Chief Judge

Plaintiff’s motion for rehearing filed June 22, 1973 was denied October 17,1973.

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Military pay; wrongful discharge. — This case has been before the court on several occasions (see 174 Ct. Cl. 899, 357 F. 2d 949; 188 Ct. Cl. 512, 412 F. 2d 862; 190 Ct. Cl. 943). On June 15, 1973, the court issued the following order.

“This case comes before the court on plaintiff’s motions, filed March 5,1973, under Rule 152, etc.; filed March 5,1973, to be allowed to amend petition (re Board for the Correction of Naval Record); filed March 5,1973, to be allowed to amend petition (re order of United States District Court for Massachusetts) ; and, filed March 14,1973, to be allowed to further amend petition. Upon consideration thereof, together with defendant’s opposition thereto, without oral argument, the court denies all the motions. As to the claim with respect to the amount paid to the Insurance Company the court views [1093]*1093this claim as separate and distinct from tlie claim asserted in No. 489-54 in this court.

“it is therefore ordered that all of the aforementioned motions of the plaintiff be and the same are denied with such denial to be without prejudice to plaintiff’s instituting a new action, either in this court or in the District Court, if so advised, to recover from the defendant the sum paid to Standard Accident Insurance Company in February, 1973.”

BY THE COURT

(Sgd) WILSON CoWEN Chief Judge

Plaintiff’s motion for rehearing filed June 22, 1973 was denied October 17,1973.

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Bluebook (online)

202 Ct. Cl. 1092, 1973 U.S. Ct. Cl. LEXIS 105, 1973 WL 5001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gearinger-cc-1973.

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