Roxie P. Jones v. United States of America, Civil Service Commission

FAIRCHILD, Senior Circuit Judge.

Plaintiff sued the United States for payment of Civil Service Retirement benefits. On cross motions for summary judgment, the district court entered judgment for the United States. Plaintiff appealed. We reverse.

Roy Jones, deceased husband of plaintiff, was an employee of the Postal Service and on September 16, 1966, applied for retirement. Roy Jones and Roxie Jones were married October 6,1966. Roy Jones’ retirement became effective the following day, October 7, 1966. After Roy Jones died in 1974, plaintiff filed a claim with the Civil Service Commission for a…