Randolph v. United States

KENNERLY, District Judge.

This is a suit by Plaintiff, Nowlin Randolph (for brevity called Plaintiff), against the United States of America (for brevity called Government), under the Tucker Act, Title 28 U.S.C.A. § 41(20), for “retirement pay” as a Lieutenant Colonel in the Army under Section 456, Title 10 U.S.C.A.

Plaintiff alleges that for many years prior to September 12, 1940, he was a member of the Officers Reserve Corps, and with his consent was ordered to active duty on that date, bringing him under the provisions of Section 456. That during his active duty service, he contracted certain…