Egan v. United States

LITTLETON, Judge.

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

This 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 Reserve, was denied his promotion to captáin on March 1, 1943, was illegally and errone ously released to inactive duty on October 28, 1943, and was illegally discharged from the Marine Corps Reserve on April 11, 1944. Plaintiff sues to recover the active duty pay and allowances…