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KELLY v. U.S.

No. 87 C 10761.

703 F.Supp. 55 (1989)

Anna M. KELLY, Plaintiff, v. The UNITED STATES of America, Defendant.

United States District Court, N.D. Illinois, E.D.

January 12, 1989.

Attorney(s) appearing for the Case

Anna M. Kelly, Chicago, Ill., pro se.

Debra L. Stefanik, Dept. of Justice, Washington, D.C., for U.S.

MEMORANDUM OPINION AND ORDER

MAROVICH, District Judge.

This case is before the court on the parties' cross motions for summary judgment. The facts are not in dispute. The legal issue is whether benefits received by plaintiff pursuant to 45 U.S.C. Section 797 of Title VII of the Regional Rail Reorganization Act of 1973 (as amended by the Northeast Rail Service Act of 1981 ("NERSA"), Pub.L. No. 97-35, 95 Stat. 643 (1981)), are taxable as ordinary income. The...

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