John Wright Register v. United States

This case comes before the court on plaintiff’s motion, filed September 23, 1960, for new trial, together with defendant’s opposition thereto. Upon consideration thereof,

It is ordered this first day of December, 1960, that plaintiff’s motion for new trial be and the same is denied, 281 F.2d 448.

Judge MADDEN, joined by Judge LARAMORE, dissents for the reasons stated in his attached memorandum.

MADDEN, Judge.

Judge LARAMORE and I would grant the plaintiff’s motion for a new trial. The Government’s insistence that the plaintiff was not eligible for promotion on the retired list in accordance with…