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CARLTON v. UNITED STATES

Appeal No. 85-2138.

782 F.2d 173 (1986)

Charles A. CARLTON and Marie E. Carlton, et al., Appellants, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

January 15, 1986.

Attorney(s) appearing for the Case

Richard S. Cohen, Kadison, Pfaelzer, Woodard, Quinn & Rossi, Los Angeles, Cal., argued, for appellants. With him on brief was Jeffrey K. Riffer.

John Griffin, Dept. of Justice, Washington, D.C., argued, for appellee. With him on brief were Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Ann Belanger Durney and Michael J. Roach.

Before DAVIS, Circuit Judge, MILLER, Senior Circuit Judge, and NEWMAN, Circuit Judge.

JACK R. MILLER, Senior Circuit Judge.

The decision of the United States Claims Court granting the Government's motion for summary judgment and denying appellants' motion for summary judgment is affirmed on the basis of the thorough and well-reasoned opinion of Judge Mayer, 7 Cl.Ct. 323 (1985).

We note, particularly, the findings of the Claims Court that —

Under the city's pension plan, police and fire department members who were eligible for...

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