UNITED STATES v. CUMMINS

No. 16005.

265 F.2d 763 (1959)

UNITED STATES of America, Appellant, v. Oren E. CUMMINS, Appellee.

United States Court of Appeals Ninth Circuit.

March 2, 1959.


Attorney(s) appearing for the Case

Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., George Cochran Doub, Asst. Atty. Gen., Samuel D. Slade, Robert S. Green, Attorneys, Department of Justice, Washington, D. C., for appellant.

Ernest R. Mortenson, Pasadena, Cal., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


BARNES, Circuit Judge.

This is an appeal from a judgment granting appellee $760.00 in retirement benefits allegedly due him under the provisions of 5 U.S.C.A. § 691(d). The district court's jurisdiction is based on 28 U.S.C. § 1346(a)(2). Timely appeal was taken, and this Court's jurisdiction rests on 28 U.S.C. § 1291.

I — Facts

On October 18, 1954, appellee made application for retirement under former § 1(d) of...

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