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SMYKOWSKI v. UNITED STATES

No. 288-79C.

647 F.2d 1103 (1981)

Hubert SMYKOWSKI, Jr., et al. v. The UNITED STATES.

United States Court of Claims.

April 22, 1981.

Attorney(s) appearing for the Case

James D. Kendis, Cleveland, Ohio, attorney of record, for plaintiffs; Shapiro, Kendis & Assoc. Co., L.P.A., Cleveland, Ohio, of counsel.

Loretta Reid, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant; Lynn J. Bush, Virginia I. Bradley and David I. Tevelin, Washington, D. C., of counsel.

Before COWEN, Senior Judge, and KUNZIG and SMITH, Judges.

ON CROSS MOTIONS FOR SUMMARY JUDGMENT

KUNZIG, Judge:

Plaintiffs ("claimants") seek review by this court of the administrative denial of survivors' death benefits under the Public Safety Officers' Benefits Act of 1976, Pub.L. No. 94-430, 90 Stat. 1346 (1976), 42 U.S.C. §§ 3796-3796c (Supp. III 1979) ("PSOBA"). The cause now comes before the court on the parties' cross motions for summary judgment. Claimants' decedent died from a heart attack suffered...

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