OPINION
IRVING BEN COOPER, District Judge.
Defendants seek an order, pursuant to Fed.R.Civ.P. 12(b)(6), or, in the alternative, pursuant to Fed.R.Civ.P. 56, dismissing the complaint which alleges that retirement benefits owing to them were made retroactively, and thus unconstitutionally, diminished by an Act of Congress passed on October 1, 1976, P.L. 94-440, Title XIII, § 1306(a), (c) (1), 90 Stat. 1462 ("P.L. 94-440"). Plaintiffs have submitted a...
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