Nussbaumer

Court of Claims

Nussbaumer

156 Ct. Cl. 711, 1962 U.S. Ct. Cl. LEXIS 81, 1962 WL 1568

CourtUnited States Court of Claims

DecidedMarch 9, 1962

DocketNo. 447-59

StatusPublished

This text of 156 Ct. Cl. 711 (Nussbaumer) 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

Nussbaumer, 156 Ct. Cl. 711, 1962 U.S. Ct. Cl. LEXIS 81, 1962 WL 1568 (cc 1962).

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Opinion

Military pay; retired pay (disability); computation of pay; rank for retirement purpose. — Plaintiff sued to recover increased disability retired pay from August 1, 1947, to May 31, 1956, on the ground that his retired pay should have been based on the rank of lieutenant instead of lieu[712]*712tenant (junior grade) in the Navy because he had been promoted to that grade and served satisfactorily therein within the meaning of 34 U.S.C. § 350 (g) (a) (1946). On December 8, 1961, the court, without opinion, allowed plaintiff’s motion for summary judgment for the period of his claim falling within the six years preceding the filing of the petition on October 23, 1959. On March 9, 1962, the court, on the basis of a memorandum report of Trial Commissioner Eobert K. McConn'aughey, ordered that judgment be entered for the plaintiff for $1,506.

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Military pay; retired pay (disability); computation of pay; rank for retirement purpose. — Plaintiff sued to recover increased disability retired pay from August 1, 1947, to May 31, 1956, on the ground that his retired pay should have been based on the rank of lieutenant instead of lieu[712]*712tenant (junior grade) in the Navy because he had been promoted to that grade and served satisfactorily therein within the meaning of 34 U.S.C. § 350 (g) (a) (1946). On December 8, 1961, the court, without opinion, allowed plaintiff’s motion for summary judgment for the period of his claim falling within the six years preceding the filing of the petition on October 23, 1959. On March 9, 1962, the court, on the basis of a memorandum report of Trial Commissioner Eobert K. McConn'aughey, ordered that judgment be entered for the plaintiff for $1,506.

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Bluebook (online)

156 Ct. Cl. 711, 1962 U.S. Ct. Cl. LEXIS 81, 1962 WL 1568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nussbaumer-cc-1962.

Opinion

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