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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA


SYLVIA WIGTON, AUDREY L. GORGONZOLA, GAIL G. HUDSON, GATHRYN DAANE, DOLORES VASSALLUZZO,MARYJANE THOMAS and THOMAS C. MARCIN, on behalf of themselves and other individuals similarly situated, Plaintiffs,
v.

)

JOHN BERRY, Director of the United States Office of Personnel Management, Defendant.

) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 2:10-cv-01768 Judge Mark R. Hornak

OPINION

Mark R. Hornak, United States District Judge

The question before the Court is whether it has subject matter jurisdiction to entertain a lawsuit on behalf of federal retirees who assert that the Office of Personnel Management (OPM) is deliberately refusing to properly pay them the annuities to which OPM has conceded they are statutorily entitled, or whether their grievance instead must be channeled only through an administrative review scheme created by Congress. In many ways, this question goes to the heart of this Court's judicial power under Article III and the applicable statutes.
I. BACKGROUND

The Department of Veterans Affairs ("VA") is one of the nation's largest health care providers, and operates hospitals throughout the United States that provide medical care to veterans. See Am. CompL
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12, ECF No. 81.

Like a number of other federal employees,

registered nurses ("RNs") who are employees of the V A are entitled by statute to annuity benefits upon retirement, I see 5 U.S.C.

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