Patyschke v. United States

17843
Decided Court of Claims
Disposition
other
full scope
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Court
Court of Claims
Decided
Judge
Nott, J.
Claimant (1)
Frederick Patyschke
Mr. L. Cabell Williamson
v.
Defendant (1)
The United States
Mr. E. C. Brandenburg, Mr. Assistant Attorney-General Bodge

Overview

The court finds for the claimant and orders that he recover $72.

Case summary

The claimant, a member of the Marine Band, sought to recover 'retained pay' under section 1281 of the Revised Statutes. The Court of Claims determined that because the pay of the Marine Band is statutorily tied to the pay of enlisted men in the infantry, and because the West Point Band (the only Army band) receives retained pay under section 1281, the claimant is entitled to the same compensation. The court awarded the claimant $72.

Abstract

A member of the Marine Band sought recovery of retained pay, arguing that the band's pay is statutorily tied to infantry enlisted men and equivalent to the Army's West Point Band, which receives such pay. The Court of Claims agreed and awarded the claimant $72. The court ruled in favor of the claimant, ordering recovery of the amount.

Legal categories

Criminal

Case record

Full case name
Frederick Patyschke v. The United States
Docket number
17843
Court
Court of Claims
Decided
Opinion author
Nott, J.
Opinion type
published
Precedential status
precedential
Judges on panel
Nott

Issues & holdings

Holdings of the court

Whether members of the Marine Band are entitled to 'retained pay' under section 1281 of the Revised Statutes.
Yes, members of the Marine Band are entitled to the same retained pay as members of the West Point Band.
Statutes link the pay of the Marine Corps to that of the Army. Since the West Point Band is the only military band in the Army and is entitled to retained pay under section 1281, the Marine Band, by virtue of its statutory pay parity, is entitled to the same benefits.
non-binding

Timeline

No timeline recorded.

Facts & evidence

Key facts

4 facts
  1. Claimant served as a member of the Marine Band from September 26, 1887, to September 25, 1892.
  2. Claimant was not paid 'retained pay' under section 1281 of the Revised Statutes during his service.
  3. The West Point Band (Military Academy Band) has been receiving 'retained pay' under section 1281 since the Act of May 15, 1872.
  4. The pay of the Marine Band is statutorily linked to the pay of enlisted men of like grades in the infantry of the Army, which in turn is linked to the West Point Band.

Authorities

Cited authorities (1)

27 C. Cls. R. 482
distinguisheddistinguished
Prior case of Keppler where the court was not informed of the Paymaster-General's certification regarding retained pay.
Index terms14
Summary terms
Legal mechanisms
Legal concepts
Legal issues
Legal actions
Action type
other
Context
The court entered judgment for the claimant in the amount of $72 based on the finding that he was entitled to retained pay.
Scope
full
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Judges
Nott
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