Imhoff v. United States

In November 1956, plaintiff, a lieutenant colonel in the United States Army who had served for more than 28 years, was retired from active service by reason of length of service. The basis for the present suit is plaintiff’s assertion that he should have been retired, as of September 1953, for physical disability.1

Detailed findings of fact are contained in the report of Commissioner Paul H. McMurray. His findings, subject to a number of modifications, have been adopted by the court and are set forth infra. The facts can be summarized as follows: Plaintiff was first commissioned in 1926, and,…