Toulon v. United States.

The plaintiff sues to recover a difference in pay between that of an assistant surgeon in the Navy and a passed assistant surgeon. The facts are as follows:

Plaintiff was appointed an assistant surgeon in the Navy November 29, 1907, and accepted and executed the oath of office December 4, 1907. His three years’ service in that grade terminated December 3, 1910. At that time he was attached to the IT. S. S. Supply, Station ship at Guam. He was nominated July 31, 1911, to be a passed assistant surgeon “ from the 29th day of November, 1910, upon the completion of three years’ service as assistant…