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FLOYD v. DISTRICT OF COLUMBIA

No. 96-5340.

129 F.3d 152 (1997)

J.B. FLOYD, et al., Plaintiffs/Appellees, v. DISTRICT OF COLUMBIA, Defendant. United States of America, Defendant/Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 1997.

Attorney(s) appearing for the Case

William Kanter, Deputy Director, U.S. Department of Justice, Washington, DC, argued the cause for appellant. With him on the briefs were Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., U.S. Attorney at the time the briefs were filed, and Robert D. Kamenshine, Attorney, U.S. Department of Justice. R. Craig Lawrence, Assistant U.S. Attorney, and Charles L. Reischel, Deputy Corporation Counsel, entered appearances.

Robert E. Deso, Jr., Washington, DC, argued the cause and filed the brief for appellees.

Donald B. Ayer and James E. Gauch, Washington, DC, were on a brief for amici curiae D. Paul Sweeney and Douglas Buchholz.

John M. Ferren, Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel and Lutz Alexander Prager, Asst. Deputy Corporation Counsel, filed a post-argument statement for the District of Columbia.

Before: SILBERMAN, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Retired U.S. Secret Service agents sued the District of Columbia and the United States, claiming entitlement to increased retirement benefits administered by the District of Columbia but funded by the federal government. The district court entered summary judgment for the retirees. Finding that the district court lacked jurisdiction over the...

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