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BARBER BY AND THROUGH BARBER v. UNITED STATES

No. 132-80C.

676 F.2d 651 (1982)

Kimberly Pokmi BARBER, a minor, By and Through her parent, Yong Cha BARBER, and Yong Cha Barber v. The UNITED STATES.

United States Court of Claims.

Decided April 7, 1982.

Attorney(s) appearing for the Case

James C. Hagedorn, Sacramento, Cal., attorney of record, for plaintiffs.

Louis R. Davis, Washington, D. C., with whom was Asst. Atty. Gen., J. Paul McGrath, Washington, D. C., for defendant.

Before FRIEDMAN, Chief Judge, and KUNZIG and BENNETT, Judges.

ON PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

BENNETT, Judge.

This military pay case is before the court on cross-motions for summary judgment by the parties. The question presented is whether the Air Force Board for the Correction of Military Records (the board) properly determined that plaintiffs were not entitled to recover survivors' annuity benefits under the Survivor Benefit Plan. 10 U.S.C. §§...

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