Louis E. Fagan (Lewis L. Gover, No. 2) v. United States

LITTLETON, Judge (Ret.).

Lewis L. Gover is plaintiff No. 2 in the above entitled case of Fagan, et al. Gover will hereinafter be referred to as plaintiff.

Plaintiff, a retired officer of the Marine Corps, seeks to recover additional retired pay to which he claims he is entitled under applicable statutes and decisions of this court. Defendant has agreed that it is liable for a portion of the pay claimed as a result of the court’s decision in the case of Gordon v. United States, 140 F.Supp. 263, 134 Ct.Cl. 840, but asserts that since April 1, 1955, plaintiff has been overpaid because of the…