Carl H. Wienberg v. The United States

ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

COLLINS, Judge.

In this action, brought pursuant to the provisions of the Universal Military-Training and Service Act, 50 U.S.C.App. §§ 451-473 (1964), plaintiff, Carl H. Wienberg, is seeking to recover back salary wrongfully withheld as the result of the failure of the Internal Revenue Service (IRS) to promote him in absentia while he was in the military service. Both parties have filed motions for summary judgment, contending that there are not material issues of fact and that they are entitled to judgment…