United States v. Cates

MISHLER, District Judge.

Motion for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure.

The Government claims the sum of $4,277.72 with interest from December 8, 1959, by reason of military pay erroneously paid by the Government for the period August 8, 1957 to October 30, 1958.

*274The'complaint alleges and the answer admits the following facts:

Defendant enlisted in the United States Army on August 9, 1951, for a term of six years. On August 8, 1957, the expiration date of enlistment, defendant was confined to United States Disciplinary Barracks at Fort Leavenworth, Kansas,…