WHITTED v. HAMPTON

No. 70 Civ. 3101.

319 F.Supp. 759 (1970)

Thelma C. WHITTED, Plaintiff, v. Robert E. HAMPTON, James E. Johnson and L. J. Andolsek, as United States Civil Service Commissioners, Defendants.

United States District Court, S. D. New York.

December 2, 1970.


Attorney(s) appearing for the Case

Avstreih, Martino & Weiss, Mount Vernon, for plaintiff by David Avstreih, Mount Vernon, of counsel.

Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., for defendants by Joel B. Harris, New York City, of counsel.


OPINION

POLLACK, District Judge.

The defendants, sued herein as United States Civil Service Commissioners, move to dismiss the complaint pursuant to Rule 12(b) (6), Fed.Rules Civ.P., for legal insufficiency of the claim. The plaintiff has made a cross motion for summary judgment pursuant to Rule 56.

The plaintiff seeks by this action to require the Civil Service Commission to certify that her husband's estate is entitled to be paid $10,000 as the...

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