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ALEXANDER v. FIOTO

No. 75-1704.

430 U.S. 634 (1977)

ALEXANDER, SECRETARY OF THE ARMY v. FIOTO.

Supreme Court of United States.

Decided April 4, 1977.

Attorney(s) appearing for the Case

Stephen L. Urbanczyk argued the cause for appellant pro hac vice. With him on the brief were Solicitor General Bork, Assistant Attorney General Lee, Deputy Solicitor General Jones, and William Kanter.

David Goldfarb argued the cause for appellee. With him on the brief were Kalman Finkel, Helaine Barnett, Joan Mangones, and John E. Kirklin.*

MR. JUSTICE STEVENS delivered the opinion of the Court.

After World War II Congress authorized retirement pay for nonregular military personnel with at least 20 years of service in the Reserves or National Guard.1 However, under 10 U. S. C. § 1331 (c), those who had been in the Reserves before World War II are not eligible for benefits unless they performed active duty during wartime.

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