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Cass v. United States, 417 U.S. 72 (1974)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Cass v. United States, 417 U.S. 72 (1974)
Cass v. United States No. 73-604 Argued April 16, 1974 Decided May 28, 1974 * 417 U.S. 72
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
Title 10 U.S.C. § 687(a) provides for readjustment pay for an Armed Forces reservist who is involuntarily released from active duty and has completed, immediately before his release, "at least five years of continuous active duty," computed by multiplying his years of active service by two months’ basic pay of his grade at the time of release, and further provides that
[f]or the purposes of this subsection -- . . . (2) a part of a year that is six months or more is counted as a whole year, and a part of a year that is less than six months is disregarded. . . .
Held: The "rounding" provision, as is clear from the statute’s legislative history, applies only in computing the amount of readjustment pay, and not in determining eligibility therefor; hence, a reservist must serve a minimum of five full years of continuous active duty before his involuntary release in order to qualify for readjustment benefits. Pp. 75-84.
483 F.2d 220, affirmed.
WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, MARSHALL, BLACKMUN, POWELL, and REHNQUIST, JJ., joined. DOUGLAS, J., filed a dissenting statement, post, p. 84.
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Chicago: U.S. Supreme Court, "Syllabus," Cass v. United States, 417 U.S. 72 (1974) in 417 U.S. 72 417 U.S. 73. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2V6QZ1Z597SDU1I.
MLA: U.S. Supreme Court. "Syllabus." Cass v. United States, 417 U.S. 72 (1974), in 417 U.S. 72, page 417 U.S. 73. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2V6QZ1Z597SDU1I.
Harvard: U.S. Supreme Court, 'Syllabus' in Cass v. United States, 417 U.S. 72 (1974). cited in 1974, 417 U.S. 72, pp.417 U.S. 73. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2V6QZ1Z597SDU1I.
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