Partridge v. United States

Court of Claims

Partridge v. United States

121 Ct. Cl. 703, 1952 U.S. Ct. Cl. LEXIS 169

DecidedApril 15, 1952

StatusPublished

This text of 121 Ct. Cl. 703 (Partridge 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.

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Partridge v. United States, 121 Ct. Cl. 703, 1952 U.S. Ct. Cl. LEXIS 169 (cc 1952).

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Opinion

Jones, Chief Judge,

delivered the opinion of the court:

On October 2, 1951, this court made special findings of fact and determined that plaintiff’s decedent was entitled to recover in the above entitled matter. Entry of judgment was suspended pending receipt of a report from the General Accounting Office showing the amount due plaintiff in accordance with our opinion. The Assistant Comptroller General has filed his report, to which plaintiff has made the objection that the Assistant Comptroller General improperly excluded certain drills and target practices from his computation of plaintiff’s decedent’s active Federal service.

The question presented by this objection is substantially the same as in the case of William G. Price, No. 49681, discussed in our opinion of this date. For the reasons there set forth defendant’s motion to dismiss plaintiff’s objections is allowed.

In accordance with the report of the Assistant Comptroller General judgment will be entered for the plaintiff in the amount of $2,474.97.

It is so ordered.

Howell, Judge; Whitaker, Judge; and Littleton, Judge, concur. Madden, Judge, dissents from the judgment.

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Jones, Chief Judge,

delivered the opinion of the court:

On October 2, 1951, this court made special findings of fact and determined that plaintiff’s decedent was entitled to recover in the above entitled matter. Entry of judgment was suspended pending receipt of a report from the General Accounting Office showing the amount due plaintiff in accordance with our opinion. The Assistant Comptroller General has filed his report, to which plaintiff has made the objection that the Assistant Comptroller General improperly excluded certain drills and target practices from his computation of plaintiff’s decedent’s active Federal service.

The question presented by this objection is substantially the same as in the case of William G. Price, No. 49681, discussed in our opinion of this date. For the reasons there set forth defendant’s motion to dismiss plaintiff’s objections is allowed.

In accordance with the report of the Assistant Comptroller General judgment will be entered for the plaintiff in the amount of $2,474.97.

It is so ordered.

Howell, Judge; Whitaker, Judge; and Littleton, Judge, concur. Madden, Judge, dissents from the judgment.

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Bluebook (online)

121 Ct. Cl. 703, 1952 U.S. Ct. Cl. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/partridge-v-united-states-cc-1952.