Pugh

Military pay; retired pay. Upon consideration of plaintiff’s and defendant’s motions for summary judgment, together with a statement by defendant’s counsel and a written [840] argument filed by plaintiff, and on tlie basis of the decision in Palmer v. United States, 139 C. Cls. 376, it was ordered that plaintiff’s motion be denied, defendant’s motion granted, and plaintiff’s petition dismissed. Plaintiff’s motion for new trial was overruled duly 15, 1960.