United States v. Floretta G. Smith

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

The United States, after paying a survivor’s annuity of $83 monthly under the Civil Service Retirement Benefits Act 1 to Mrs. Floretta G. Smith as the surviving wife of James Smith, a deceased federal employee, brought this action to recover $1,845.10, the amount it had paid out, claiming that she was not Smith’s legal widow because they had been divorced. Mrs. Smith counter-claimed for subsequent payments which the United States had withheld and sought a declaratory judgment that she was entitled to continued benefits under the Act. The district…