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LEVY v. OFFICE OF PERSONNEL MANAGEMENT

No. 89-3361.

902 F.2d 1550 (1990)

Landen S. LEVY, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

May 11, 1990.

Attorney(s) appearing for the Case

Douglas B. Cone, Merced, Cal., submitted for petitioner.

Hillary A. Stern and John F. Edwards, Dept. of Justice, Washington, D.C., submitted for respondent. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director, and Marcia A. Lurensky, Attorney, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the brief for respondent. Also on the brief were James S. Green, Acting Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel, and Murray M. Meeker, Attorney, Office of Personnel Management, of counsel.

Before NIES and ARCHER, Circuit Judges, and KELLEHER, Senior District Judge.

KELLEHER, Senior District Judge.

This is a petition for review of a decision of the Merit Systems Protection Board ("Board"), Levy v. OPM, 41 M.S.P.R. 139, which affirmed a decision by respondent Office of Personnel Management ("OPM"). Respondent ordered the apportionment of petitioner Landen S. Levy's ("Levy") federal civil service retirement benefits under a California divorce judgment. The question we are asked to resolve is whether the Board erred in concluding...

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