Montilla v. United States

We are indebted to Trial Commissioner Mastín Gr. White in this case for his findings of fact and conclusion of law and *51also for bis opinion, although we reach a different result. We have adopted his findings of fact with minor changes, and have used much of his opinion. The opinion of the court follows:

The question to be decided by the court in this case is whether the plaintiff, who has been a commissioned officer in the Army Eeserve since March 1934 and who has been 60 years of age since March 1966, is entitled to receive retired pay from the Army in accordance with the provisions of 10…