Ellen M. Kelly v. The United States, Rosemary J. McCarthy v. The United States

BENNETT, Senior Circuit Judge.

In these consolidated appeals the government seeks reversal of the judgments of the United States Claims Court in McCarthy v. United States, 10 Cl.Ct. 573 (1986), and Kelly v. United States, 10 Cl.Ct. 579 (1986), which held that plaintiffs-appellees were entitled to summary judgments as a matter of law, allowing them to recover survivor annuity benefits under the Surviv- or Benefit Plan, 10 U.S.C. §§ 1447-1455 (1982). We affirm both judgments of the Claims Court.

BACKGROUND

Ms. McCarthy and Ms. Kelly, the surviving spouses of retired Air Force members, were denied…