# Eicks v. United States

> United States Court of Claims · April 8, 1959 · 172 F. Supp. 445

URL: https://www.frixlaw.com/law-library/cases/9715420

## Case

- **Full name:** Casper H. EICKS v. UNITED STATES
- **Court:** United States Court of Claims
- **Decided:** April 8, 1959
- **Citations:** 172 F. Supp. 445; 145 Ct. Cl. 522; 1959 U.S. Ct. Cl. LEXIS 101
- **Precedential status:** Published
- **Opinion:** Dissent by Laramore
- **Judges:** Reed, Laramore
- **Cited by:** 16 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/9715420

## Opinion text

LARAMORE, Judge
(dissenting).
I am unable to agree with the majority for this reason: Prior to the enactment of the Armed Forces Leave Act of 1946, 60 Stat. 963 , 37 U.S.C.A. § 31a et seq., the granting of leave was a discretionary act of the secretary concerned. It was not until the amendment of the above act in 1947, 61 Stat. 748 , that officers were entitled to be compensated for leave accrued but not taken prior to separation. Consequently, I believe the court’s decision in Pollard v. United States, cited and relied on in the majority opinion, to be in error, in conflict with prior decisions of this court, and should be overruled. Scott v. United States, 107 F.Supp. 846 , 123 Ct.Cl. 547 ; Ferrer v. United States, 140 F.Supp. 954 , 132 Ct.Cl. 422 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9715420. Public record. Not legal advice.