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BENTON v. UNITED STATES

No. 101-72.

488 F.2d 1017 (1973)

Ann S. BENTON v. The UNITED STATES.

United States Court of Claims.

December 19, 1973.

Attorney(s) appearing for the Case

John I. Heise, Silver Spring, Md., attorney of record, for plaintiff.

Judith A. Yannello, Washington, D. C., with whom was Acting Asst. Atty. Gen. Irving Jaffe, for defendant.

Howard C. Westwood and Paul J. Tagliabue, Washington, D. C., filed a brief for the Federal Administrative Law Judges Conference as amicus curiae. Covington & Burling, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and KASHIWA and BENNETT, Judges.

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

COWEN, Chief Judge.

Ann S. Benton brings this action as sole heir and personal representative of her late husband, Thaddeus G. Benton. Plaintiff alleges that her husband, while employed as a Federal hearing examiner, was retired for physical disability improperly and without the protective procedures of Section 11 of the Administrative Procedure Act (APA). As a result, she claims she...

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