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PAULEY v. UNITED STATES

No. 142-68.

440 F.2d 426 (1971)

Raymond F. PAULEY v. The UNITED STATES.

United States Court of Claims.

April 16, 1971.

Attorney(s) appearing for the Case

Willard J. Lassers, Chicago, Ill., attorney of record, for plaintiff. Alex Elson, Aaron S. Wolff, and Elson, Lassers & Wolff, Chicago, Ill., of counsel.

Arthur E. Fay, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON, and NICHOLS, Judges.

ON DEFENDANT'S MOTION AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

COLLINS, Judge:

Plaintiff, a former employee of the Department of Agriculture, is suing to recover a reduced annuity under section 6 (d) of the Civil Service Retirement Act, 5 U.S.C. § 8336(d) (Supp. II, 1965-66):

An employee who is involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of...

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