Parker v. United States

Court of Claims

Parker v. United States

58 Ct. Cl. 75, 1923 U.S. Ct. Cl. LEXIS 373, 1923 WL 2111

United States Court of Claims·Decided January 29, 1923·No. No. 98-A·Published

Opinion

[76] MEMORANDUM

BY THE COURT.

If the plaintiff had not been found physically unfit for promotion, he would in due course have attained the rank of lieutenant colonel. But upon examination for promotion from captain to major he was found physically unfit for promotion and was as a result placed upon the retired list with the rank of major, the rank to which his seniority entitled him to promotion. The court can not indulge in speculation as to what might have happened, but must decide cases upon the facts as they are presented and proved.

The petition is dismissed.

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[76] MEMORANDUM

BY THE COURT.

If the plaintiff had not been found physically unfit for promotion, he would in due course have attained the rank of lieutenant colonel. But upon examination for promotion from captain to major he was found physically unfit for promotion and was as a result placed upon the retired list with the rank of major, the rank to which his seniority entitled him to promotion. The court can not indulge in speculation as to what might have happened, but must decide cases upon the facts as they are presented and proved.

The petition is dismissed.

Parker v. United States, 58 Ct. Cl. 75, 1923 U.S. Ct. Cl. LEXIS 373, 1923 WL 2111 (cc 1923).

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