Walter Zur-Linden v. The United States

LARAMORE, Judge.

In this action, plaintiff seeks to recover the difference in the retired pay he has received and retired pay computed in accordance with paragraph 4, section 15, of the Pay Readjustment Act of 1942, 56 Stat. 359, 368, 37 U.S.C.A. § 115, for the period commencing six years prior to the filing of this petition. The case arises on cross-motions for summary judgment.

The parties are in agreement on the facts which are, in substance, as follows: Plaintiff first enlisted in the U.S. Navy on June 14, 1906, and served through successive terms of enlistment until January 1, 1932, when…