# Lezin v. United States

> United States Court of Claims · July 9, 1951 · 98 F. Supp. 574

URL: https://www.frixlaw.com/law-library/cases/8590189

## Case

- **Full name:** BEN B. LEZIN v. United States
- **Court:** United States Court of Claims
- **Decided:** July 9, 1951
- **Citations:** 98 F. Supp. 574; 120 Ct. Cl. 724; 1951 U.S. Ct. Cl. LEXIS 93
- **Precedential status:** Published
- **Opinion:** Concurrence by Whitakeb
- **Judges:** Howell, Jorras, Lutletox, Madden, Ohief, Whitakeb
- **Cited by:** 11 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/8590189

## Opinion text

Whitakeb, Judge,
concurring:
I concur on the ground that plaintiff is entitled to the benefits of the Act of June 10, 1948. I do not think he is otherwise entitled to recover his salary from the date of his second discharge to the date of his reinstatement. I see no distinction between this case and Ginn v. United States, 110 C. Cls. 637 . That decision, I think, was correct, and was required by Eberlein v. United States, 257 U. S. 82 .
Howell, Judge; Lutletox, Judge; and Jorras, Ohief Judge, concur in the foregoing concurring opinion.
On October 2, 1951, on a stipulation filed by the parties, judgment was entered for $12,060.59, “without deduction for income tax or retirement.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8590189. Public record. Not legal advice.