Mosgrove v. United States

Plaintiff, a Eegular Army officer, sues for the difference in the active-duty pay of a captain and a major for the period September 12, 1946, to September 14, 1950, less any amounts previously received. Defendant has entered a counterclaim for amounts received by plaintiff, during the period in issue, by reason of his having been paid in the grade of major rather than captain, less amounts already refunded. The sole question presented is whether or not plaintiff, during the period here involved, was either a major de jure or de facto. If so, then he is unquestionably entitled to the judgment…