Kimmel v. United States

This case involves a claim, framed in two counts, for an increase in disability severance pay in the total amount of $1,197.60 under the provisions of sections 1203 and 1212 of Title 10 of the United States Code. There is no dispute as to any of the material facts, and therefore the controversy is appropriately before the court on the parties’ cross-motions for summary judgment. The court finds, as a matter of law, that, based on the particular facts of this case, plaintiff is not entitled to .recover either under its first or second count. Consequently, for the reasons hereinafter shown,…