Legal Opinion

Carl L. McTaggart Appellant-Plaintiff v. Secretary of the Air Force and United States of America, Appellees-Defendants

Court of Appeals for the Seventh Circuit

Decided April 6, 1972No. 18964PublishedCited by 1 opinion

1Opinion of the Court

STEVENS, Circuit Judge.

Plaintiff is a former Air Force officer who achieved both a temporary and permanent rank of Captain and was honorably discharged, but was retired as a First Lieutenant under 10 U.S.C. § 1372. He claims that his rank at the time of his Honorable Discharge should determine his rate of retirement pay.

The discharge occurred on December 5, 1962, as a result of a disciplinary proceeding. Having accumulated 19 years, 8 months, and 11 days of service, plaintiff was allowed to reenlist as a Master Sergeant to complete his retirement time. Thereafter, when he retired for physical…

2Cases cited11 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. Vitarelli v. SeatonSupreme Court of the United States · 1959
  3. Harmon v. BruckerSupreme Court of the United States · 1958
  4. George W. Sohm v. Henry H. Fowler, Secretary of the TreasuryCourt of Appeals for the D.C. Circuit · 1966
  5. David E. Roth, for Himself and for All Others Similarly Situated v. The Board of Regents of State Colleges and Roger E. GuilesCourt of Appeals for the Seventh Circuit · 1971

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3Cited by1 opinion

  1. Anton v. San Antonio Community HospitalCalifornia Supreme Court · 1977

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