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MASON v. LISTER

No. 77-1688. Summary Calendar.

562 F.2d 343 (1977)

Curtis C. MASON, Plaintiff-Appellant, v. Jack R. LISTER, Personnel Officer, Johnson Space Center, National Aeronautics and Space Administration, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 17, 1978.

Attorney(s) appearing for the Case

Curtis C. Mason, pro se.

James R. Gough, U. S. Atty., R. Burton Ballanfant, Asst. U. S. Atty., Houston, Tex., for defendant-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

RONEY, Circuit Judge:

Plaintiff, a 46-year-old federal employee with 21 years of government service, sought to retire with an annuity under the Federal Employees Early Retirement Act, 5 U.S.C.A. § 8336. Because that statute requires employees under age 50 to have 25 years' service before claiming an annuity, plaintiff's request was denied. He then brought the instant suit claiming that the federal retirement provisions violated, and were impliedly repealed by...

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