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YARBROUGH v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 84-1341.

770 F.2d 1056 (1985)

George W. YARBROUGH, Jr., Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

August 26, 1985.

Attorney(s) appearing for the Case

Amy E. Wind, Kator, Scott & Heller, of Washington, D.C., argued for petitioner. With her on the brief was Irving Kator.

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

Earl A. Sanders, Office of the General Counsel, Office of Personnel Management, of Washington, D.C., of counsel.

Before FRIEDMAN, BALDWIN, and BISSELL, Circuit Judges.

BALDWIN, Circuit Judge.

This appeal is from the decision of the Merit Systems Protection Board (MSPB or board), sustaining the Office of Personnel Management's (OPM) decision that Dorothy Yarbrough was not eligible for discontinued service retirement on the basis of involuntary separation. We affirm.

Background

Petitioner, George W. Yarbrough, Jr., who is the stepson and executor of the deceased former federal employee for the National Security...

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