Barnes v. United States

This is a suit for disability retirement pay. The case is before us on plaintiff’s motion for summary judgment and defendant’s motion to dismiss.

Plaintiff, then a second lieutenant in the Cavalry, Officers’ Reserve Corps, was ordered to active duty on December 19, 1940. At that time he was in sound physical condition in every respect. He served on active duty continuously in both the Army and in the Army Air Force until August 20, 1946 when he was released to inactive duty not for physical disability.

During that six year span of service the facts forming the basis of this cause of action…