Hines v. United States

*159Opinion

There is no dispute about the facts in this casé as set forth in thei special findings of fact.

Plaintiff is a naval officer who was found by a Naval Retiring Board to be incapacitated for active service. The Secretary of the Navy presented the findings to the President with the recommendation that they be approved and that plaintiff be retired from active service and placed on the retired list August 1, 1936. The President, on May 27, 1936, approved the findings of the Retiring Board and the recommendation of the Secretary of the Navy.

The sole question in this case is — on which of the…