Seltzer v. United States

This suit is before us on demurrer.

On April 23, 1942, plaintiff was a major in the Reserve Corps of the Army on active duty. On that day he received a telegram relieving him from active duty, and thereafter, on April 28, 1942, lie received a letter from the Adjutant General of the Army honorably discharging him from his commission. He sues for two months’ pay.

In his petition plaintiff alleges that his record as a reserve officer was good and that his discharge was a result of persecution by his superior officer, Col. Grant Layng. This officer, in accordance with “Tentative Army Regulations…