Legal Opinion
Kinne v. United States
United States Court of Claims
Decided July 19, 1990No. 538-89 CPublishedCited by 9 opinions
1Opinion of the Court
OPINION
RADER, Judge.
Plaintiff, Josephine Kinne, is the widow of Loren H. Kinne, a former Commander in the United States Navy. While enlisted in the Navy, plaintiff’s husband participated in the Survivor Benefit Plan (SBP or the Plan). 10 U.S.C. §§ 1447-1451 (1988). Thus, plaintiff receives monthly annuity payments from SBP.
As required by law, the Navy currently offsets monthly SBP payments by the amount of plaintiff’s social security benefits. In this lawsuit, plaintiff argues that the Navy’s offset formula violates congressional intent and causes a miscarriage of justice. Defendant contends,…
2Cases cited18 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Conley v. GibsonSupreme Court of the United States · 1957
- Estelle v. GambleSupreme Court of the United States · 1976
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Scheuer v. RhodesSupreme Court of the United States · 1974
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3Cited by9 opinions
- Stotts v. Secretary of the Department of Health & Human ServicesUnited States Court of Claims · 1991
- Dufau v. United StatesUnited States Court of Claims · 1990
- First Hartford Corp. Pension Plan & Trust v. United StatesUnited States Court of Federal Claims · 1998
- B & F Trawlers, Inc. v. United StatesUnited States Court of Federal Claims · 1992
- Holden v. United StatesUnited States Court of Federal Claims · 1997
4 more not listed; retrieve them via the Exa API.