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ROEBLING v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 84-1740.

788 F.2d 1544 (1986)

Pauline ROEBLING, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

April 15, 1986.

Attorney(s) appearing for the Case

Christopher W. Katzenbach, Pillsbury, Madison & Sutro, of San Francisco, Cal., argued for petitioner. With him on the brief was Clement L. Glynn.

Russell B. Kinner, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan. Joseph A. Morris, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel and Earl A. Sanders, Office of the Gen. Counsel, Office of Personnel Management, of counsel.

Before FRIEDMAN, NIES, and BISSELL, Circuit Judges.

FRIEDMAN, Circuit Judge.

The issue in this review of a decision of the Merit Systems Protection Board (Board) is whether the California community property law entitled the surviving spouse of a retired federal employee who elected a full disability retirement annuity without survivor benefits to a federal survivor's annuity after the death of the retired employee. The Board held that the surviving spouse was not entitled to the survivor's benefits that the employee...

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