Gibson v. United States
Supreme Court of the United States
APPEAL PROM THE COURT OP CLAIMS. This is an appeal from the Court of Claims. The claimant is a retired rear admiral. This action was prosecuted to recover the difference between three-fourths the pay of a brigadier general and that of a major general of the Army, accorded by statute to retired rear admirals. The Court of Claims dismissed the petition, holding the claimant entitled to three-fourths the pay of a brigadier general.
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APPEAL PROM THE COURT OP CLAIMS. This is an appeal from the Court of Claims. The claimant is a retired rear admiral. This action was prosecuted to recover the difference between three-fourths the pay of a brigadier general and that of a major general of the Army, accorded by statute to retired rear admirals. The Court of Claims dismissed the petition, holding the claimant entitled to three-fourths the pay of a brigadier general. Upon the hearing in that court the following facts were found: “I. The claimant, William C. Gibson, was duly appointed a captain in the Navy, to rank from February'…
1Opinion of the Court
Mr. Justice Day,
after making.the-foregoing statement, delivered the opinion of the .court.
' The first question presented is whether a captain in. the Navy retired- as a rear admiral, under section 1444 of the Revised Statutes of the United States and section 11 of the Navy Personnel- Act, shall receive three-fourths of the pay of the rear admirals in the nine higher numbers in the list of rear admirals or the like proportion of the pay of; the nine lower numbers of the eighteen rear admirals. '
Section 1444 of the Revised Statutes provides: “When any officer below the rank of vice admiral is…
2Cases cited2 opinions
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