Remaley v. United States

This case was before us at an earlier stage, on motions of both parties for summary judgment. We overruled both motions and sent the case to trial before a commissioner of this court (129 C. Cls. 159). We decided that if the tour of duty during which the plaintiff incurred his disabling illness was not training, he was entitled to the benefits of subsection (a) or (b) of section 402 of the Career Compensation Act of 1949, which subsections allow retirement pay for any disability incurred in military service, and that he was not limited to the benefits of subsection (c), which allows…