
    THE UNITED STATES v. NOCE
    June 8, 1925.
    [58 C. Cls. 688; 268 U. S. 613]
    Judgment was rendered against the United States in the court below. On appeal the judgment was reversed, the Supreme Court deciding:
    1. An Army officer held not entitled to count for longevity pay Ms service as a cadet in the Military Academy.
    2. The proviso in section 13 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 an officer of the Army, Navy, or Marine Corps.
   Mr. Chief Justioe Taft

delivered the opinion of the Supreme Court  