Warthen v. United States

Plaintiff in this case was one of the plaintiffs in Bowman v. United States, 144 Ct. Cl. 448. The question therein presented was whether section 212 of the Economy Act of 1932, 5 TJ.S.C. 59a, deprived him of his right to retired pay for the period he was employed by defendant in a civilian capacity at a salary in excess of $3,000 per annum. We held it did not, and referred the case to a commissioner for a determination of the amount due.

In response to a motion for call on the General Accounting Office for a computation of the amount due, the Comptroller General reported that the Adjutant…