Jalbert v. United States

Since the court’s original opinion was rendered on July 15, 1959, ante, p. 439, the defendant calls attention to our decision in the case of Hilton v. United States, 99 C. Cls. 386, in which a different conclusion was reached.

The Hilton opinion, however, was rendered prior to the Career Compensation Act of 1949, 63 Stat. 802, 816, under which the plaintiff herein was retired for disability. The plaintiff in the Hilton case was retired before the Career Compensation Act of 1949 was passed.

In the Hilton case it is clearly stated that the plaintiff sought “to include his service in the Naval…