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KENNY v. HAMPTON

No. 71-1290.

475 F.2d 1323 (1973)

Andrew KENNY, et al., Appellants, v. Robert E. HAMPTON, Chairman, United States Civil Service Commission, et al.

United States Court of Appeals, District of Columbia Circuit.

Rehearing Denied May 21, 1973.

Attorney(s) appearing for the Case

William G. Polking, Carroll, Iowa, was on the brief for appellants.

Daniel Reiss, Jr. and L. Chris Lampros, Washington, D. C., were on the supplemental memorandum for appellants.

Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry, Ellen Lee Park, and James A. Adams, Asst. U. S. Attys., were on the brief for appellees.

Before McGOWAN, LEVENTHAL and WILKEY, Circuit Judges.

PER CURIAM:

Appellants are three former federal employees who, prior to October 1, 1956, voluntarily left the civil service before reaching the age of sixty-two.1 Each having spent more than five but less than twenty years in creditable service, the Civil Service Retirement Act of 1930 (Act) then entitled them to elect to receive either (1) a present lump sum settlement or (2) a deferred annuity beginning at age sixty-two. Each elected...

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