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SCHARF v. DEPARTMENT OF THE AIR FORCE

Appeal No. 59-82.

710 F.2d 1572 (1983)

Harvey M. SCHARF, Petitioner, v. DEPARTMENT OF THE AIR FORCE, Respondent.

United States Court of Appeals, Federal Circuit.

June 30, 1983.

Attorney(s) appearing for the Case

Timothy J. Lowenberg, Tacoma, Wash., argued for petitioner.

Randall B. Weill, of Washington, D.C., argued for respondent. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and Donnie Hoover. David P. Buck, Lieutenant Colonel USAF, Washington, D.C., Office of the Judge Advocate General, of counsel.

Before BENNETT, MILLER and SMITH, Circuit Judges.

BENNETT, Circuit Judge.

This is an appeal from a final decision of the Merit Systems Protection Board (MSPB). See MSPB No. SFO752B8110009 (July 14, 1982). The issue below was whether petitioner's optional retirement from the federal service was a voluntary or involuntary retirement. The MSPB, in reversing the decision of its Seattle Field Office, held petitioner's retirement to be voluntary because he was neither forced to retire nor intentionally deceived...

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