Lanagan v. United States

*51MEMORANDUM

BY THE COURT.

As to the service of the plaintiff in command of his battery from January 6 to April 9, 1918, we are of the opinion that the plaintiff is not entitled to the pay and allowances of a captain for the reason that the command exercised by him was in discharge of the ordinary duties of the service. In the absence of his captain the command of the battery devolved upon the plaintiff; the fact that he was away from his battery on detail would not make any difference when he, by competent authority, was ordered back to his battery. The special order issued by' his regimental…