Legal Opinion · Dissent

Moncrief v. Folsom

Court of Appeals for the Fourth Circuit

Decided April 9, 1956No. 7112Published

1DissentParker, Chief Judge

I do not think that the language of the statute requires the interpretation placed upon it by the court, and certainly it should not be given that meaning, if it can be otherwise interpreted. The language “in whole or in part” refers to the other benefit upon which the benefit of the statute is excluded, not to the period between July 5, 1947 and July 1, 1955. The purpose of the statute was to give to those called into military or naval service the social security benefits which they might otherwise have earned in civilian employment if they had not been called into service; and there would…

2Cases cited6 opinions

  1. Sorrells v. United StatesSupreme Court of the United States · 1932
  2. United States v. KirbySupreme Court of the United States · 1869
  3. Prentiss v. United StatesUnited States Court of Claims · 1952
  4. Bond v. United StatesUnited States Court of Claims · 1955
  5. Commonwealth of Virginia v. J. Archie Cannon, Trustee in Bankruptcy for Miller Motor Line of North Carolina, Inc.Court of Appeals for the Fourth Circuit · 1955

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