Donna Sue Russell v. Law Enforcement Assistance Administration

637 F.2d 1255 Donna Sue RUSSELL, a widow; Gary Robert Russell and Kirsten Hope Russell, minors, by their Guardian, Donna Sue Russell, Petitioners, v. LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, United States Department of Justice, Respondent. No. 78-2437. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 4, 1980. Decided Oct. 31, 1980. Michael Korn, Korn & Marblestone, Sherman Oaks, Cal., for petitioners. Howard Gest, Asst. U.S. Atty., Los Angeles, Cal., for respondent. Petition for Review of a Final Action of the Law Enforcement Assistance Administration, United States Department of Justice. Before TRASK and FLETCHER, Circuit Judges, and SOLOMON, * District Judge. FLETCHER, Circuit Judge: 1 The petitioner, for herself and her minor children, petitions for review of the denial of her application for benefits under the Public Safety Officers Death Benefits Act, 42 U.S.C. §§ 3796 -3796c (1976) (Benefits Act). The benefits were sought on account of her police sergeant husband's death in the line of duty. We take jurisdiction under 42 U.S.C. §§ 3758 (a), 3759 (1976), and reverse. 2 * FACTS 3 Sergeant Edward Russell worked as a detective…