Peoples v. United States

This action is brought under section 1336 of the Revised Statutes, title 10, U. S. Code, section 1133, which provides that instructors of ordnance and science of gunnery at the United States Military Academy shall have the pay and allowances of a major.

This question has been before this court in a number of cases, in all of which it was held that the officer was entitled to the pay of the higher rank. See Wilson v. United States, 77 C. Cls. 630; Taylor v. United States, 78 C. Cls. 833; and Reed v. United States, 78 C. Cls. 834. Under the rule announced in these cases the plaintiff is entitled…