Egan v. United States

This case is before the court on plaintiff’s and defendant’s motions for summary judgment under the second count of plaintiff’s amended petition.1

*3This is an unusual case of mistaken identity and almost incredible negligence, as a result of which plaintiff, an officer in the United States Marine Corps Eeserve, was denied his promotion to captain on March 1, 1943, was illegally and erroneously released to inactive duty on October 28, 1943, and was illegally discharged from the Marine Corps Eeserve on April 11,1944. Plaintiff sues to recover the active duty pay and allowances which he claims…