Ellis v. United States

This case, before the court on the parties’ cross motions for summary judgment, arises from one LeRoy Ellis’ efforts to retire from Federal service under 5 U.S.C. § 8336(c)1 which establishes special annuity rights for retired Federal firefighters. The issue is whether plaintiff (Ellis) is a "firefighter” for purposes of the statute. The Government contends that plaintiffs supervisory duties exclude him from the statute’s coverage. Because we think Ellis is a firefighter within the intended scope of the statute, we hold for plaintiff.

LeRoy Ellis was the civilian fire chief at the Great Lakes…