The following excerpt is from United States v. Cummins, 265 F.2d 763 (9th Cir. 1959):
Thus the granting of the increased benefit is a matter of discretion to be exercised by the head of the agency, not a matter of right granted to the employee and created by statute. The distinction between the two is pointed out in Dismuke v. United States, 1936, 297 U.S. 167, 56 S.Ct. 400, 80 L.Ed. 561.
[265 F.2d 767]
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.