Kephart v. United States

HOWELL, Judge.

The defendant’s motion for a new trial is based upon two grounds, first, the court erred in holding that plaintiff, as an employee of the Federal Government, had a right to sue the United States for benefits to which he was allegedly entitled under Public Resolution No. 96, approved August 27, 1940, 50 U.S.C.A.Appendix, § 401 et seq., as amended by the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, § 308; second, that it was error to decide plaintiff was entitled to recover.

Defendant again calls the attention of the court to the cases of Insular Police…