MORGAN v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 84-1584.

773 F.2d 282 (1985)

Fred T. MORGAN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

September 5, 1985.


Attorney(s) appearing for the Case

Frederick F. Sherwood, Helena, Mont., argued for petitioner.

E. Kathleen Shahan of Dept. of Justice, Washington, D.C., argued for respondent. With her on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and M. Susan Burnett. Daniel R. Levinson, Deputy Gen. Counsel, and John Howard, Office of Personnel Management, were of counsel.

Before FRIEDMAN, NIES and NEWMAN, Circuit Judges.


FRIEDMAN, Circuit Judge.

This petition for review challenges a decision of the Merit Systems Protection Board (Board) affirming the decision of the Office of Personnel Management (OPM) that the petitioner is not eligible for early retirement as a "law enforcement officer" under 5 U.S.C. § 8336(c) (1982) because he did not have the amount of service in that capacity necessary to qualify for such retirement. We affirm.

I

A. Federal law enforcement...

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