United States v. Oren E. Cummins

BARNES, Circuit Judge.

This is an appeal from a judgment granting appellee $760.00 in retirement benefits allegedly due him under the provisions of 5 U.S.C.A. § 691(d). The district court’s jurisdiction is based on 28 U.S.C. § 1346(a) (2). Timely appeal was taken, and this Court’s jurisdiction rests on 28 U.S.C. § 1291.

I — Facts

On October 18, 1954, appellee made application for retirement under former § 1(d) of the Civil Service Retirement Act, 5 U.S.C.A. § 691(d). Appellee had satisfied the length of service and age-requirements for such retirement by his service from March 26, 1928 to…