Appeal No. 35-81.

709 F.2d 1486 (1983)

Walter E. RIGGS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

June 20, 1983.

Attorney(s) appearing for the Case

Harold R. Bucholtz, Washington, D.C., argued for petitioner. With him on brief were Mitchell H. Stabbe and Craig N. Goodrich, Washington, D.C.

Judith Cohn, Washington, D.C., argued for respondent. With her on brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Donnie Hoover, Asst. Director, Washington, D.C.

Before FRIEDMAN, DAVIS and NICHOLS, Circuit Judges.

NICHOLS, Circuit Judge.


Walter E. Riggs, the petitioner, a long time revenue agent of the Internal Revenue Service, applied June 29, 1979, for a disability retirement, asserting he was unable to remain on active duty because back problems had made it painful for him to sit for long periods. Favorable action would have entitled him to an annuity under 5 U.S.C. § 8345, which by subsection (b) would commence the day after he was separated...

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