Perkitney v. United States

Plaintiff, a non-veteran, is a former employee of the Department of the Navy. Effective September 27, 1958, he was removed from his position with the Navy. The present suit, which is based upon plaintiff’s contention that his separation was unlawful, is for the recovery of back salary. Plaintiff has moved for summary judgment, and defendant has filed a cross-motion for summary judgment.

The facts can be summarized as follows: Plaintiff’s employment by the Department of the Navy began in July 1945 and, except for a 5-month period during 1950, continued until his removal in 1958. For…