Aycock-Lindsey Corporation v. United States

(dissent ing.)

It may be that in • dissenting here, I am the proverbial man who “convinced against his will1 is of the same opinion still”. I hope not. As I see this case, the basis of the plaintiff’s claim is entirely different from that of Dismuke’s. There it was conceded that Congress had intended to make, and .-had made, provisions, as a claim of right, for Civil Service retirement annuity of the kind for which plaintiff was suing. Here the fundamental position of the Government is that the whole matter involved was on a volunteer basis. It insists that the invoked section creates “no…