Girault v. United States

WHITAKER, Judge.

In our opinion filed April 5, 1955 in this case we held, 130 F.Supp. 343, that two documents, called to the attention of the Secretary of War after he had held that plaintiff was entitled to receive retired pay because incapacitated for active service, which incapacity he had held was an incident of his military service — we held that these two documents constituted newly discovered evidence, which authorized the Secretary of War to reopen the case. We further held that his decision reversing his prior decision was not arbitrary, and, hence, was binding on us.

After plaintiff’s…