# Murphy v. United States

> United States Court of Claims · May 28, 1928 · 65 Ct. Cl. 670

URL: https://www.frixlaw.com/law-library/cases/8587045

## Case

- **Full name:** JOHN L. MURPHY v. United States
- **Court:** United States Court of Claims
- **Decided:** May 28, 1928
- **Citations:** 65 Ct. Cl. 670; 1928 U.S. Ct. Cl. LEXIS 396; 1928 WL 2986
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8587045

## Opinion text

*671 MEMORANDUM
BY THE COURT
This is a suit to recover $212.50 which plaintiff claims is due him for services in the U. S. Naval Keserve Force from May 1, 1918, to July 31, 1918, when he was detailed to duty involving flying, basing his claim on the act of March 3, 1915 ( 38 Stat. 939 ).
On February 13, 1918, plaintiff, who was then serving in the enlisted Tank of a quartermaster, first class, U. S. Naval Keserve Force, was given the provisional rank of ensign, class 5, U. S. Naval Keserve Flying Corps, which he accepted on February 25, and served as such until July 31, 1918. He was not examined or recommended for this appointment by a board of three naval officers nor by a board of medical officers, as required by the act of August 29, 1916 ( 39 Stat. 556 , 587, 588).
This case is ruled by the Beeman case, D-129, decided by this court April 16, 1928. See also Kearney v. United States, D-804, this day decided (post, p. 683).
The petition should be dismissed, and it is so ordered.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8587045. Public record. Not legal advice.