U.S. Court of Appeals for the Fifth Circuit, 1946

Randolph v. United States

Randolph v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided November 15, 1946
158 F.2d 787; 1946 U.S. App. LEXIS 2462 (Federal Reporter, Second Series)

Randolph v. United States

Opinion of the Court

PER CURIAM.

Appellant suing under the Tucker Act, 28 U.S.C.A. § 41(20), to récover disability retirement pay, claimed to be due him as a Lieutenant Colonel in the Army under Section 456, Title 10 U.S.C.A., was met by a motion to dismiss for want of jurisdiction.

The District Judge sustained the motion, and, on the authority of United States v. Beaman, 5 Cir., 61 F.2d 493, Morgan v. United States, 5 Cir., 115 F.2d 426, and Smith v. United States, 4 Cir., 57 F.2d 998, dismissed the cause.

Appellant is here claiming that Dismuke v. United States, 297 U.S. 167, 56 S.Ct. 400, 80 L.Ed. 561, is to the contrary. We do not think so. The judgment is affirmed.

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