ZUCKER v. UNITED STATES

No. 82 Civ. 6079 (IBC).

578 F.Supp. 1239 (1984)

Harry H. ZUCKER, Paul Sapienza, Samuel Acker and Edward F. Corcoran, Plaintiffs, v. The UNITED STATES of America, Donald Devine, as Director of the Office of Personnel Management, James Cardinal, Regional Director, Merit Systems Protection Board, Herbert Ellingswood, Arthur Joseph, Joseph E. Livingston, Bonita Kirkland, Otis L. Packwood, Mitchel Kastner and Joseph K. Riotto, Members of the Merit Systems Protection Board, Defendants.

United States District Court, S.D. New York.

January 19, 1984.


Attorney(s) appearing for the Case

Harry H. Zucker, pro se.

Paul Sapienza, pro se.

Samuel Acker, pro se.

Edward F. Corcoran, pro se.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants; R. Nicholas Gimbel, Asst. U.S. Atty., New York City, of counsel.


OPINION

IRVING BEN COOPER, District Judge.

Defendants seek an order, pursuant to Fed.R.Civ.P. 12(b)(6), or, in the alternative, pursuant to Fed.R.Civ.P. 56, dismissing the complaint which alleges that retirement benefits owing to them were made retroactively, and thus unconstitutionally, diminished by an Act of Congress passed on October 1, 1976, P.L. 94-440, Title XIII, § 1306(a), (c) (1), 90 Stat. 1462 ("P.L. 94-440"). Plaintiffs have submitted a...

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