United States Court of Claims December 13, 1963, No. 330-61 (Barnes v. United States)

Durfee, Judge,

delivered the opinion of the court:

This is a suit for disability retirement pay. The case is before us on plaintiff’s motion for summary judgment and defendant’s motion to dismiss.

Plaintiff, then a second lieutenant in the Cavalry, Officers’ Reserve Corps, was ordered to active duty on December 19, 1940. At that time he was in sound physical condition in every respect.