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ELLIS v. UNITED STATES

No. 261-78.

610 F.2d 760 (1979)

LeRoy H. ELLIS v. The UNITED STATES.

United States Court of Claims.

December 12, 1979.

Attorney(s) appearing for the Case

Paul F. Stack, Chicago, Ill., attorney of record, for plaintiff. Robert A. Filpi and Stack & Filpi, Chicago, Ill., of counsel.

R. W. Koskinen, Washington, D. C., with whom was Acting Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Earl Allen Sanders, of counsel.

Before DAVIS, KUNZIG and BENNETT, Judges.

On Cross Motions for Summary Judgment

KUNZIG, Judge:

This case, before the court on the parties' cross motions for summary judgment, arises from one LeRoy Ellis' efforts to retire from Federal service under 5 U.S.C. § 8336(c)1 which establishes special annuity rights for retired Federal firefighters. The issue is whether plaintiff (Ellis) is a "firefighter" for purposes of the statute. The Government contends that...

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