Sarles v. United States

Plaintiff sues to recover Army longevity retirement pay as a colonel under Title III1 of the Act of June 29, 1948, *71162 Stat. 1081, 1087, from June 29, 1948. The Army has refused to pay plaintiff the retirement pay for which he has admittedly qualified by age and length of service under the terms of the 1948 Act, on the ground that such payment is prohibited under the dual compensation prohibition provisions of section 212 of the Economy Act of June 30, 1932, 47 Stat. 382, 406', as amended, 54 Stat. 760,761, 69 Stat. 497, 498 (P. L. 239, section 2)>, for the stated reason that during the period…