
    No. 483-58.
    April 22, 1960
    Harry L. Waggoner.
   Military pay; retired pay. Upon consideration of plaintiff’s motion for judgment on the pleadings and defendant’s motion for summary judgment, together with oral argument by counsel and based upon Prentiss v. United States, 123 C. Cls. 225, and Bond v. United States, 133 C. Cls. 204, it was ordered that plaintiff’s motion be granted, and defendant’s motion denied with the amount of recovery to be determined pursuant to Eule 38(c).  