Lemly v. United States

This is a suit brought by plaintiff, a Naval Reserve Officer on the honorary retired list of the United States. Naval Reserve to recover retirement pay for disability allegedly suffered in line of duty while on extended active naval service, as provided by Section 4 of the Naval Aviation Personnel Act of 1940, 54 Stat. 864, as amended, 34 U. S. C. A. 855 (c)-l, which in pertinent part reads as follows:

All officers * * * of the United States Naval Reserve * * * who, if called or ordered into active naval or military service by the Federal Government for extended naval or military service in…