Lomax v. United States

I do not agree with the decision of the Court. I think that the court should return to the interpretation of the applicable statutes which was made in the case of La Forge v. United States, 77 C. Cls. 179. In that case, the plaintiff was a sergeant at the time he applied for retirement. Before his application was approved, he had been made a first sergeant, which he was when he was actually retired. The court held that his rank at the date of retirement,, rather than his rank at the date of application for retirement, determined his pay and allowances after retirement. He was, accordingly,…