No. 89-3019.

896 F.2d 540 (1990)

Sylvia OSHIVER on Behalf of Albert H. Oshiver and Sherry J. Oshiver, Trustee for Estate of Albert H. Oshiver, Petitioners, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 14, 1990.

Attorney(s) appearing for the Case

Sherry J. Oshiver, Philadelphia, Pa., argued for petitioners.

Allen Bruns, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Mary Mitchelson, Asst. Director. Also on the brief was Murray M. Meeker, Office of General Counsel, Office of Personnel Management.

Before BISSELL, ARCHER and MAYER, Circuit Judges.


Sylvia Oshiver, on behalf of Albert H. Oshiver, and Sherry J. Oshiver, as trustee for Albert H. Oshiver's estate, appeal the final order of the Merit Systems Protection Board, 38 M.S.P.R. 191 (1988), sustaining the denial by the Office of Personnel Management (OPM) of Sylvia Oshiver's civil service retirement benefits application made on her husband's behalf. We affirm.


Albert and Sylvia Oshiver were married in November 1945...

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