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CROCKETT v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 84-1100.

783 F.2d 193 (1986)

John H. CROCKETT, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 11, 1986.

Attorney(s) appearing for the Case

Arthur E. Strout of Strout, Payson, Pellicani, Cloutier, Hokkanen, Strong & Levine, Rockland, Me., for petitioner.

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

Before FRIEDMAN, RICH and NIES, Circuit Judges.

NIES, Circuit Judge.

The Merit Systems Protection Board in its final decision in Case No. BN08318310102 sustained the Office of Personnel Management's determination that because John H. Crockett's earnings in each of two succeeding calendar years exceeded 80% of the current annual salary of the postal service position he occupied before his disability retirement, his disability annuity should terminate in accordance with 5 U.S.C. § 8337(d). We affirm.

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