Court remanded the matter to the Secretary of the Army for redetermination of plaintiff's military disability rating, granting in part her cross-motion for judgment on the administrative record.
For the purpose of the decision in this case it is necessary-only to state: That this is an action for accounting brought by the plaintiff, Pearce, against the defendants Sutherland and the Alaska Perseverance Mining Company, a corporation, upon the theory that the defendant corporation is a holding company for the defendant Sutherland. That a partnership agreement for the purchase and sale of certain mining property was entered into between the plaintiff and Sutherland, and the defendant corporation was subsequently organized to hold the legal title of the said property for the partnership. That after the plaintiff Pearce was discharged by the corporation as superintendent of their property in Alaska, and after he had brought an action against the defendants herein, a compromise agreement in writing was entered into upon mutual and valuable considerations between the parties herein at Vancouver, B. C., on July 21, 1906, which covered every transaction between them in the greatest detail. That after plaintiff had received the consideration of $5,000 under the compromise agreement, and upon failure of the defendant to make the payment due December 15, 1906, the plaintiff attempted to rescind the agreement and filed the original bill in this action in this court in April, 1907. After subsequent amendments his third amended bill was before the United States Circuit Court of Appeals, Ninth Circuit, on an appeal from this court sustaining the demurrers to the bill. 164 Fed. 609, 90 C. C. A. 519. The decision of the Circuit Court of Appeals allowed the plaintiff to amend, and the complaint in this action and the present bill was then filed. The defendants filed their separate answers, to which the plaintiffs entered their demurrers and replies, and the case came on for hearing with the understanding that the court reserve decision on the demurrers. The case came on for hearing before this court, without a jury, on the 16th day of May, 1910, and thereafter contin
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