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BRONGER v. OFFICE OF PERSONNEL MANAGEMENT

Appeal Nos. 83-1349, 83-1350 and 83-1376.

769 F.2d 756 (1985)

Willard A. BRONGER, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. Frank E. KACPROWICZ, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. Albert J. VEVERKA, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

August 1, 1985.

Attorney(s) appearing for the Case

Carl H. DeBroux, N. Aurora, Ill., argued for petitioners.

Helene M. Goldberg, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Mary Mitchelson and Thomas W. Petersen.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, DAVIS, BALDWIN, KASHIWA and BENNETT, Circuit Judges, MILLER, Senior Circuit Judge, and SMITH, NIES, NEWMAN and BISSELL, Circuit Judges.

NIES, Circuit Judge.

These consolidated appeals are from a decision of the Merit Systems Protection Board (MSPB) upholding the denial by the Office of Personnel Management (OPM) of petitioner's early retirement claims under 5 U.S.C. § 8336(e) (1976). The appeals were originally decided by a three-judge panel which, by a two-to-one majority, reversed the decision of the MSPB. 740 F.2d 1552 (Fed.Cir.1984). The government filed...

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