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ELLIS v. UNITED STATES

No. 261-78.

657 F.2d 1178 (1981)

LeRoy H. ELLIS v. The UNITED STATES.

United States Court of Claims.

August 19, 1981.

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.

Velta A. Melnbrencis, Washington, D.C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, for defendant. Earl Allen Sanders, Washington, D.C., Office of Personnel Management, of counsel.

Before NICHOLS, KUNZIG and SMITH, Judges.

OPINION

NICHOLS, Judge:

Plaintiff was a government-employed firefighter. On October 25, 1975, he was over 50 years of age and had served over 20 years, thereby meeting the two preconditions of 5 U.S.C. § 8336(c) for retirement with full annuity. He did in fact retire and accepted employment in Alaska with Artic Constructors, Inc. at $1,485 per week. However, he returned to his old job in March 1976 because of an erroneous Civil Service Commission ruling...

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