Hines v. United States ex rel. Cavanagh

ROBB, Associate Justice.

Appeal from a judgment in the Supreme Court of the district in a mandamus proceeding directing appellants to place appellee, as of May 31, 1928, upon and continue him on the emergency officers’ retired list of the Army (Act of May 24,1928, 45 Stat. 735 [38 USCA § 581 et seq.]), and to cause him to be paid from May 31, 1928, the date of his application, retired pay at the rate of 75 per centum of the pay to which he was entitled at the time of his discharge from his commissioned service.

The ease was heard on the pleadings. The facts are not in dispute. On August 28,…