Charles A. Carlton and Marie E. Carlton v. The United States

JACK R. MILLER, Senior Circuit Judge.

The decision of the United States Claims Court granting the Government’s motion for summary judgment and denying appellants’ motion for summary judgment is affirmed on the basis of the thorough and well-reasoned opinion of Judge Mayer, 7 Cl.Ct. 323 (1985).

We note, particularly, the findings of the Claims Court that—

Under the city’s pension plan, police and fire department members who were eligible for both a service pension and a service-connected disability pension could apply to be retired under either of the two provisions. However, because the plan…