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CAREW v. OFFICE OF PERSONNEL MANAGEMENT

No. 89-3081.

878 F.2d 366 (1989)

W. Barry CAREW, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

June 20, 1989.

Attorney(s) appearing for the Case

Kathleen P. Mahon-Solerwitz, Great Neck, N.Y., for petitioner.

Carolyn Mark, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent. With her on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan, Asst. Director.

Before FRIEDMAN, MAYER and MICHEL, Circuit Judges.

MAYER, Circuit Judge.

OPINION

W. Barry Carew appeals the final order of the Merit Systems Protection Board denying his petition for review of a remand initial decision of the administrative judge, that he is barred from receiving civil service retirement credit as a "law enforcement officer" for his service with the Central Intelligence Agency because 50 U.S.C. § 403(d)(3) expressly precludes the CIA from performing "law enforcement" functions. Carew...

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