Ralph Russell v. The United States

I dissent from the holding that the parties had not agreed to be bound by the Vitarelli decision on so-called “lost leave."2 To me it is clear from the correspondence set forth in the findings (i) that, no later than the early months of 1961, plaintiff and defendant had informally joined in an agreement that Vitarelli — decided on June 8, 1960— would govern all aspects of the present case except for the deduction of the life insurance premiums, and (ii) that a stipulated judgment would be entered on that basis. In September 1960, over three months after Vitarelli was handed down, defendant’s…