John Wright Register v. United States

*449WHITAKER, Judge.

This is plaintiff’s second suit for active duty pay and retired pay. Our former decision is reported in 128 F.Supp. 750, 131 Ct.Cl. 98.

Insofar as plaintiff seeks the active duty and retired pay of a lieutenant, his claim is plainly barred by the doctrine of res judicata for the period covered by our former judgment. We decided in the former case that plaintiff was entitled to the active duty and retired pay of a lieutenant, junior grade. That was a final judgment on that question and it cannot be litigated again. See 28 U.S.C. § 2517.

It is true that in our former decision we…