Armstrong

Military fay; retired fay. — Plaintiff, Frank F. Halas, sued to recover additional retired pay to which he claimed he was entitled under section 402(d) (1) of the Career Compensation Act of 1949, 63 Stat. 802, 818 (see Lyle H. Armstrong, et al. (Joseph A. Herbert, Plaintiff No. 6) v. United States, 155 Ct. Cl. 177 (1961)). On March 25,1965, plaintiff filed a motion for summary judgment and on July 12,1965, the court issued the following Order:

This case comes before the court on plaintiff’s motion for summary judgment. Upon consideration thereof, together with the opposition thereto, and…