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LINZA v. SAUL

No. 19-2766 August Term 2019.

990 F.3d 243 (2021)

Stephen LINZA, Plaintiff-Appellee, v. Andrew SAUL, Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 8, 2021.

Attorney(s) appearing for the Case

Andrew O. Miller , Webster Szanyi LLP, Buffalo, New York, for Plaintiff-Appellee Stephen Linza.

Sushma Soni , Attorney, Appellate Staff, Civil Division ( James P. Kennedy, Jr. , United States Attorney for the Western District of New York, Alisa B. Klein , Attorney, Appellate Staff, Civil Division, on the brief), U.S. Department of Justice, Washington, DC, for Defendant-Appellant United States of America.

Before: Sullivan, Park, and Nardini, Circuit Judges.

This appeal concerns whether Plaintiff-Appellee Stephen Linza's federal civil service pension from his work as a National Guard "dual status technician" constitutes a payment based wholly on work performed as a member of a uniformed service under the Social Security Act (the "Act"). The answer to that question...

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