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HISS v. HAMPTON

Civ. A. No. 1978-70.

338 F.Supp. 1141 (1972)

Alger HISS et al., Plaintiffs, v. Robert E. HAMPTON, Chairman, United States Civil Service Commission, et al., Defendants.

United States District Court, District of Columbia.

March 3, 1972.

Attorney(s) appearing for the Case

Sanford J. Rosen, New York City, of the bar of the Supreme Court of Connecticut, pro hac vice, by special leave of court, with whom Melvin L. Wulf, New York City, and Hope Eastman, Washington, D. C., were on brief for plaintiffs.

George W. Calhoun, Atty., Dept. of Justice, with whom Robert C. Mardian, Asst. Atty. Gen., and Benjamin C. Flannagan, Atty., Dept. of Justice, were on brief for defendants.

Before ROBB, Circuit Judge, and BRYANT and SMITH, District Judges.

ROBB, Circuit Judge:

Plaintiffs Alger Hiss and Richard Strasburger, former employees of the federal government, applied for annuities under the Civil Service Retirement Act. 5 U.S.C. §§ 8331-8348. Their applications were denied by the Civil Service Commission upon the ground that payment to them was prohibited by certain provisions of Public Law 87-299, now codified as 5 U.S.C. §§ 8311-8322, commonly known as the "Hiss Act".1...

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