HORNER v. HOLLANDER

No. 89-3208.

895 F.2d 759 (1990)

Constance HORNER, Director, Office of Personnel Management, Petitioner, v. Evelyn P. HOLLANDER, Respondent.

United States Court of Appeals, Federal Circuit.

February 5, 1990.


Attorney(s) appearing for the Case

Scott Ray, Dept. of Justice, of Washington, D.C., argued for petitioner. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, Robert A. Reutershan, Asst. Director and Jeanne A. Anderson, Attorney. Also on the brief were James M. Strock, General Counsel, Thomas F. Moyer, Asst. General Counsel and Murray M. Meeker, Attorney, Office of Personnel Management.

Edith U. Fierst, of Washington, D.C., and Anita Marshall, Merit Systems Protection Bd., of Washington, D.C., argued for respondent. Llewellyn M. Fischer, General Counsel, Mary L. Jennings, Deputy General Counsel and Martha B. Schneider, Asst. General Counsel, Merit Systems Protection Bd., of Washington, D.C., were on the brief for respondent.

Before NEWMAN, BISSELL, and MICHEL, Circuit Judges.


BISSELL, Circuit Judge.

Constance Horner, as Director of the Office of Personnel Management (collectively OPM or agency), petitioned this court pursuant to 5 U.S.C. § 7703(d) (1988) for review of the final decision of the Merit Systems Protection Board (Board), Docket No. DC08318810038, holding that OPM's interpretation of the Civil Service Retirement Spouse Equity Act regarding survivor benefits for federal employees' former spouses was unreasonable. See...

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