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TURNER v. OFFICE OF PERSONNEL MANAGEMENT

No. 82-1436.

707 F.2d 1499 (1983)

James H. TURNER, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1983.

Attorney(s) appearing for the Case

Michael J. Kator, Washington, D.C., with whom Irving Kator and Joseph B. Scott, Washington, D.C., were on the brief, for petitioner.

Ann S. Duross, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief, for respondent.

Before WALD, MIKVA and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Petitioner Dr. James H. Turner seeks review of a final order of the Merit Systems Protection Board (MSPB or Board) denying his application for voluntary disability retirement. At issue is the Board's determination that petitioner's unusual medical condition — an acute aversion to enclosed places caused by chronic diarrhea — is not a "disease" within the meaning of the statutory...

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