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WEINFIELD v. U.S.

No. 91-16835.

8 F.3d 1415 (1993)

Zelma WEINFIELD, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1993.

Attorney(s) appearing for the Case

Hugo Gerstl, Gerstl & Gorman, Monterey, CA, for plaintiff-appellant.

Barbara C. Biddle, Sushma Soni, U.S. Dept. of Justice, Washington, DC for defendant-appellee.

Before CANBY, and BRUNETTI, Circuit Judges, and JONES District Judge.

CANBY, Circuit Judge:

Zelma Weinfield appeals the district court's summary judgment in favor of the United States in her action challenging the calculation of benefits she receives under the Survivor Benefit Plan ("SBP"). We review de novo, United States v. Hatcher, 922 F.2d 1402, 1405 (9th Cir.1991), and we affirm.

I. Factual & Procedural Background

In 1972, Congress created the SBP to provide income...

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