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SMITH v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 84-1203.

784 F.2d 397 (1986)

Larry M. SMITH, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 20, 1986.

Attorney(s) appearing for the Case

John W. Karr, Washington, D.C., for petitioner.

Stephen J. McHale, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent. With him on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen. Murray Meeker, Office of General Counsel, Office of Personnel Management, of counsel.

Before FRIEDMAN, RICH, and NIES, Circuit Judges.

FRIEDMAN, Circuit Judge.

In Lindahl v. Office of Personnel Management, 470 U.S. 768, 105 S.Ct. 1620, 1633, 84 L.Ed.2d 674 (1985), the Supreme Court held that in employee disability retirement cases before this court,

while the factual underpinnings of § 8347 disability determinations may not be judicially reviewed, such review is available to determine whether "there has been a substantial departure from important...

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