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COSTELLO v. UNITED STATES

Nos. 76-2004, 76-2005.

587 F.2d 424 (1978)

John J. COSTELLO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. Floyd E. STEVENS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 7, 1978.

Attorney(s) appearing for the Case

Siegfried Hesse (argued), of Dodge, Reyes, Brorby, Randall, Kahn & Driscoll, Oakland, Cal., for plaintiffs-appellants.

Donnie Hoover (argued), Dept. of Justice, Washington, D. C., for defendant-appellee.

Before MERRILL and TANG, Circuit Judges, and TAYLOR, District Judge.

Rehearing and Rehearing En Banc Denied December 7, 1978.

MERRILL, Circuit Judge:

Before 1963, the compensation of retired military personnel was calculated with reference to the pay received by those on active duty; when the active duty pay scales increased or decreased, retirement pay was correspondingly recomputed. In 1963, Congress changed the statute so that adjustment of retirement compensation was tied to the cost of living index, rather than to the...

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