United States v. Noce
268 U.S. 613 (1925)

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U.S. Supreme Court

United States v. Noce, 268 U.S. 613 (1925)

United States v. Noce

No. 360

Argued April 30, 1925

Decided June 8, 1925

268 U.S. 613

Syllabus

1. An army officer held not entitled to count for longevity pay his service as a cadet in the Military Academy. P. 268 U. S. 616.

2. The proviso in § 11 of the Act of May 18, 1920, 41 Stat. 601

"that hereafter longevity pay for officers in the Army, Navy, Marine Corps, Coast Guard, Public Health Service, and Coast and Geodetic Survey shall be based on the total of all service in any or all of said services"

does not deal with rules of longevity in any one service, but intends to produce equality as between all the services named, and did not repeal the provisions in the Army and Naval Appropriation Acts, of October 24, 1912, and March 4, 1913, respectively, directing that service in the Military and Naval Academies shall not be counted in computing for any purpose the length of service of any officer of the Army, Navy, or Marine Corps.

58 Ct.Cls. 688 reversed.

Appeal from a judgment of the Court of Claims allowing recovery of longevity pay by an army officer.

Page 268 U. S. 614

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