CROTEAU v. U.S.

No. 87-1037.

823 F.2d 539 (1987)

Gertrude M. CROTEAU, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 15, 1987.


Attorney(s) appearing for the Case

Barry A. Bachrach, Bowditch & Dewey, Worcester, Mass., for plaintiff-appellant.

Howard Lipper, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., for defendant-appellee. Also on brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Mary Mitchelson, Asst. Director and John S. Groat.

Before BISSELL, Circuit Judge, BALDWIN, Senior Circuit Judge, and ARCHER, Circuit Judge.


ARCHER, Circuit Judge.

Plaintiff Gertrude M. Croteau appeals the decision of the United States Claims Court, 10 Cl.Ct. 631 (1986), granting summary judgment to the United States after finding that the Department of the Army (Army) properly applied 10 U.S.C. § 1450(c) (1982) to limit the total military benefits due Mrs. Croteau as a widow of two servicemen. We reverse.

FACTS

Mrs. Croteau married Raymond Houde in 1940. Mr. Houde died in action...

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