Legal Opinion
Switkes v. United States
United States Court of Claims
Decided June 20, 1973No. 702-71PublishedCited by 5 opinions
1Opinion of the CourtKtjnzig, Judge
Plaintiff, in this military pay case, is suing to recover an amount representing the pay and allowances of an Army Captain from May 16, 1970 through April 9, 1971. After being admittedly absent without leave (AWOL), plaintiff obtained two separate federal court orders which had the effect of restraining the Army from sending him to Vietnam.
In issue is whether the federal court orders or any other event changed plaintiff’s AWOL status thus entitling him to pay and allowances for the period in question.
It is our opinion that plaintiff is not entitled to total recovery. He may recover for only…
2Cases cited1 opinion
- Dodge v. United StatesUnited States Court of Claims · 1897
3Cited by5 opinions
- Carter v. United StatesUnited States Court of Claims · 1975
- United States v. Dror Sar-AviCourt of Appeals for the Ninth Circuit · 2001
- James Andrew Thomas v. Dick Cheney, Secretary of Defense, and Michael P.W. Stone, Secretary of the ArmyCourt of Appeals for the Federal Circuit · 1991
- BleakUnited States Court of Claims · 1977
- James Andrew Thomas v. Dick Cheney, Secretary of Defense, and Michael P.W. Stone, Secretary of the ArmyCourt of Appeals for the Federal Circuit · 1991