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BURKE v. CASEY

No. 82-1096.

701 F.2d 302 (1983)

Mary Ann BURKE, Appellant, v. William J. CASEY, Director, Central Intelligence Agency and Carol Burke, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1983.

Attorney(s) appearing for the Case

Henry Hammer, Columbia, S.C. (Alvin Hammer, Columbia, S.C., on brief) for appellant.

Penny Q. Seaman, Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., J. Frederick Motz, Baltimore, Md., Robert Greenspan, Dept. of Justice, Washington, D.C., Barbara Pollack, C.I.A., M. Natalie McSherry, Gerson B. Mehlman, Whiteford, Taylor, Preston, Trimble & Johnston, Baltimore, Md., on brief), for appellees.

Before HAYNSWORTH, Senior Circuit Judge, and SPROUSE and CHAPMAN, Circuit Judges.

SPROUSE, Circuit Judge:

Mary Ann Burke brought this action to compel the Central Intelligence Agency (CIA) to pay her a survivor annuity based on her former husband's service with the CIA and his participation in its retirement system. The district court granted summary judgment for the CIA and Mary Ann Burke appeals.

Thomas Burke was employed by the CIA from 1951 until his retirement in 1973. He died in 1980. He was married to Mary Ann Burke from 1949 to...

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