Zucker v. United States
District Court, S.D. New York
1Opinion of the Court
OPINION
IRVING BEN COOPER, District Judge.
Defendants seek an order, pursuant to Fed.R.Civ.P. 12(b)(6), or, in the alternative, pursuant to Fed.R.Civ.P. 56, dismissing the complaint which alleges that retirement benefits owing to them were made retroactively, and thus unconstitutionally, diminished by an Act of Congress passed on October 1, 1976, P.L. 94-440, Title XIII, § 1306(a), (c) (1), 90 Stat. 1462 (“P.L. 94-440”). Plaintiffs have submitted a certified statement in opposition to defendants’ motion.
The material facts of this case are not in dispute; we adopt without hesitation the facts…
2Cases cited13 opinions
- Flemming v. NestorSupreme Court of the United States · 1960
- United States Railroad Retirement Board v. FritzSupreme Court of the United States · 1981
- Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
- O'Bannon v. Town Court Nursing CenterSupreme Court of the United States · 1980
- Adolph Kizas v. William H. Webster, Adolph Kizas v. William H. WebsterCourt of Appeals for the D.C. Circuit · 1983
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3Cited by3 opinions
- Harry H. Zucker v. The United StatesCourt of Appeals for the Federal Circuit · 1985
- Armstrong v. ArmstrongCourt of Appeals of North Carolina · 1987
- Zucker v. United StatesCourt of Appeals for the Second Circuit · 1984