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HORNER v. BENEDETTO

Appeal No. 87-3373.

847 F.2d 814 (1988)

Constance HORNER, Director, Office of Personnel Management, Petitioner, v. Joseph L. BENEDETTO, Respondent, and Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Federal Circuit.

May 25, 1988.

Attorney(s) appearing for the Case

Robert A. Reutershan, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for petitioner. With him on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Hugh Hewitt, Gen. Counsel, Thomas Moyer, Asst. Gen. Counsel and Earl Sanders, Office of Personnel Management, of counsel.

Thomas H. Gabriel, Merit Systems Protection Board, Washington, D.C., argued for intervenor. With him on the brief were Llewellyn M. Fischer, Gen. Counsel, Mary L. Jennings, Deputy Gen. Counsel and Marsha E. Mouyal, Reviewer for Litigation.

Before SMITH and ARCHER, Circuit Judges, and BALDWIN, Senior Circuit Judge.

EDWARD S. SMITH, Circuit Judge.

The Office of Personnel Management (OPM) appeals from the decision of the Merit Systems Protection Board (board), Benedetto v. Office of Personnel Management,1 affirming, as modified, the administrative judge's reversal of OPM's denial of the application of Joseph L. Benedetto (Benedetto) for a reduced annuity with survivor benefits. We affirm.

Issue

Whether the board erred...

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