Legal Opinion

Fern v. United States

United States Court of Claims

Decided October 6, 1988No. 180-87CPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

LYDON, Senior Judge:

Plaintiffs are retired members of the armed forces who claim their property, retired pay, was improperly taken from them by section 1002 of the Uniform Services Former Spouses Protection Act, Pub.L. No. 97-252, (codified at 10 U.S.C. § 1408(c)(1) (1982) (Supp. Ill 96 Stat. 718) (1985) (the Act or USFSPA)). Specifically, plaintiffs contend that the Act was responsible for a reduction in their military retired pay, as a result of state court divorce proceedings, in violation of the United States Constitution.

Both parties have moved for summary judgment.…

2Cases cited49 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  4. Weaver v. GrahamSupreme Court of the United States · 1981
  5. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922

44 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Croman Corp. v. United StatesUnited States Court of Federal Claims · 1999
  2. Walter Dawgie Ski Corp. v. United StatesUnited States Court of Federal Claims · 1993
  3. Fern v. United StatesCourt of Appeals for the Federal Circuit · 1990
  4. Wilson v. United StatesUnited States Court of Claims · 1989
  5. Nationsbank of Texas v. United StatesUnited States Court of Federal Claims · 1999

4 more not listed; retrieve them via the Exa API.

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