Legal Opinion · Dissent

Arthur C. Schmid, Jr. v. The United States

United States Court of Claims

Decided January 22, 1971No. 493-69Published

1DissentNichols, Judge

I think § 687 is ambiguous by reason of the words “* * * who has completed, immediately before his release, at least five years of continuous active duty * * This I read as saying that anything under five years is not enough. It is seemingly contradicted by subsection (2.) as Judge Collins quotes it. If two parts of a statute can be read as not contradicting one another, that reading is to be preferred, but such a reading is difficult here. I agree that the legislative history looks both ways and the Navy practice is not of long enough standing to control, nor are we *992shown what the other…

2Cases cited2 opinions

  1. Sarkes Tarzian, Inc. v. The United StatesUnited States Court of Claims · 1969
  2. Sarkes Tarzian, Inc. v. United StatesUnited States Court of Claims · 1969

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API