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CHEESEMAN v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 84-1675.

791 F.2d 138 (1986)

Margaret A. CHEESEMAN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

May 1, 1986.

Attorney(s) appearing for the Case

Edith U. Fierst, Washington, D.C., argued, for petitioner. With her on brief, was Joseph F. Henderson, Staff Atty., American Federation of Government Employees, AFL-CIO.

Mary Mitchelson, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With her on brief, were Richard K. Willard, Acting Asst. Atty. Gen., and David M. Cohen, Director. Joseph A. Morris, General Counsel, Thomas F. Moyer, Asst. General Counsel and Earl A. Sanders, Office of General Counsel, Office of Personnel Management, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, BISSELL, Circuit Judge, and RE, Chief Judge.

BISSELL, Circuit Judge.

This is an appeal from a final decision of the Merit Systems Protection Board (Board), Docket No. PH08318310675, 21 MSPR 118.

The issue decided on this appeal is whether the Board erred in placing on the applicant for survivor benefits the burden of proving that misinformation in the retirement application, form SF-2801, caused the election of an annuity with no survivor benefit. We do not...

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