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SELTZER v. OFFICE OF PERSONNEL MANAGEMENT

No. 87-3257.

833 F.2d 975 (1987)

Richard L. SELTZER, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

November 16, 1987.

Attorney(s) appearing for the Case

Michael A. Nardolilli, Spriggs, Bode & Hollingsworth, Washington, D.C., argued for petitioner.

Hillary A. Stern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent; With him on brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director. Also on brief were Hugh Hewitt, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel and Murray M. Meeker, Office of Personnel Management, of counsel.

Before FREIDMAN, Circuit Judge, MILLER, Senior Circuit Judge, and NIES, Circuit Judge.

JACK R. MILLER, Senior Circuit Judge.

This appeal is from a decision of the Merit Systems Protection Board (Board), 32 M.S.P.R. 306, Docket No. CH08318610427, affirming the Office of Personnel Management's (OPM's) denial of civil service annuity credit for time spent on active duty as a reserve officer in the U.S. Army while concurrently earning credit as a federal civilian employee. We affirm.

BACKGROUND

Petitioner earned civil service annuity credit...

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