Strauss v. United States

*548ON FIRST MOTION FOR NEW TRIAL

This case comes before the court on a motion for a new trial by the defendant on the ground teat tee decision in this case was based on the decision of the court in Dickerson v. United States, 89 C. Cls. 520, which was pending in the Supreme Court at the time of filing of said motion.

In the Dickerson case, supra, this court held teat where an Appropriation Act failed to provide for the salary of an officer, provided for in an Authorization Act, nevertheless the officer should recover.

In tee instant case the plaintiff on November 16, 1925, after having attained the…