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KELLY v. U.S.

Nos. 87-1077, 87-1078.

826 F.2d 1049 (1987)

Ellen M. KELLY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant. Rosemary J. McCARTHY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 14, 1987.

Attorney(s) appearing for the Case

Keith R. Styles, of Leva, Hawes, Mason & Martin, Washington, D.C., for plaintiff-appellee Ellen Kelly.

Guy J. Ferrante, of King & Everhard, Falls Church, Va., for plaintiff-appellee Rosemary McCarthy; James M. Sack, of Leva, Hawes, Mason & Martin, Washington, D.C., of counsel.

Mary Mitchelson, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for defendant-appellant. With her on the brief were Richard K. Willard, Asst. Atty. Gen., and David M. Cohen, Director; Major James M. Kinsella, of the U.S. Air Force, of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, Circuit Judge, and BENNETT, Senior Circuit Judge.

BENNETT, Senior Circuit Judge.

In these consolidated appeals the government seeks reversal of the judgments of the United States Claims Court in McCarthy v. United States, 10 Cl.Ct. 573 (1986), and Kelly v. United States, 10 Cl.Ct. 579 (1986), which held that plaintiffs-appellees were entitled to summary judgments as a matter of law, allowing them to recover survivor annuity benefits under the Survivor Benefit...

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