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

CourtUnited States Court of Claims

DecidedJanuary 29, 1923

DocketNo. 98-A

StatusPublished

This text of 58 Ct. Cl. 75 (Parker 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

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

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Opinion

[76]*76MEMORANDUM

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]*76MEMORANDUM

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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Bluebook (online)

58 Ct. Cl. 75, 1923 U.S. Ct. Cl. LEXIS 373, 1923 WL 2111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-united-states-cc-1923.