Huggins

Court of Claims

Huggins

196 Ct. Cl. 779, 1971 U.S. Ct. Cl. LEXIS 39, 1971 WL 4163

CourtUnited States Court of Claims

DecidedDecember 3, 1971

DocketNo. 451-70

StatusPublished

This text of 196 Ct. Cl. 779 (Huggins) 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

Huggins, 196 Ct. Cl. 779, 1971 U.S. Ct. Cl. LEXIS 39, 1971 WL 4163 (cc 1971).

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Opinion

Military pay; court-martial jurisdiction. — This case comes before the court on defendant’s motion and plaintiff’s cross-motion for summary judgment, having been submitted to the court without oral argument. Plaintiff, a soldier, was convicted by a court-martial of an offense committed during a tour of duty in Germany with dishonorable discharge and forfeiture of pay and allowances. Plaintiff invokes O'Callahan v. Parker, 895 U.S. 258 (1969), but the court finds that the facts differ in no significant way from those before the court in Gallagher v. United States, 191 Ct. Cl. 546, 423 F. 2d 1371 (1970), cert. den. 400 U.S. 849. On the basis thereof, the court, by order dated December 3, 1971, denied plaintiff’s motion for summary judgment, granted defendant’s cross-motion, and dismissed the petition. Plaintiff’s motion for rehearing was denied February 18, 1972.

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Military pay; court-martial jurisdiction. — This case comes before the court on defendant’s motion and plaintiff’s cross-motion for summary judgment, having been submitted to the court without oral argument. Plaintiff, a soldier, was convicted by a court-martial of an offense committed during a tour of duty in Germany with dishonorable discharge and forfeiture of pay and allowances. Plaintiff invokes O'Callahan v. Parker, 895 U.S. 258 (1969), but the court finds that the facts differ in no significant way from those before the court in Gallagher v. United States, 191 Ct. Cl. 546, 423 F. 2d 1371 (1970), cert. den. 400 U.S. 849. On the basis thereof, the court, by order dated December 3, 1971, denied plaintiff’s motion for summary judgment, granted defendant’s cross-motion, and dismissed the petition. Plaintiff’s motion for rehearing was denied February 18, 1972.

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Bluebook (online)

196 Ct. Cl. 779, 1971 U.S. Ct. Cl. LEXIS 39, 1971 WL 4163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huggins-cc-1971.

Opinion

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