Sharp v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
MAYER, Circuit Judge.
The United States appeals the judgment of the United States Court of Federal Claims, which denied its motion to dismiss, and granted the motion for summary judgment of Patricia Sharp, Margaret Haver-kamp, and Iva Rogers, permitting them to receive Survivor Benefit Plan (“SBP”) payments unreduced by the amount of their reinstated Dependency and Indemnity Compensation (“DIC”) payments. Sharp v. United States, 82 Fed.Cl. 222 (2008). Because the Court of Federal Claims correctly determined that 38 U.S.C. § 1311(e) partially repealed 10 U.S.C. § 1450(c)(1), we affirm.
BACKGROUND
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