Bortin v. United States

WHITAKER, Judge.

This case is similar to the case of Kelly v. United States, Ct.Cl., 138 F.Supp. 244, but wholly different in this essential respect: In the Kelly case there was an evident attempt by Kelly’s superiors, through devious means, to deprive him of the rights to which he was entitled under the Veterans’ Preference Act of 1944, 5 U.S.C.A. § 851 et seq., which was successful; whereas in the case at bar Bortin has been deprived of no right. Kelly asked for something to which he was entitled; Bortin asked for something to which he was not entitled.

Plaintiff sues for $1,732.31, the…