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BEVANS v. OFFICE OF PERSONNEL MANAGEMENT

No. 89-3396.

900 F.2d 1558 (1990)

Marian S. BEVANS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 23, 1990.

Attorney(s) appearing for the Case

Richard L. Stanley, Arnold, White & Durkee, Houston, Tex., argued for petitioner. With him on the brief was Maureen Ebersole, Baker & McKenzie, San Francisco, Cal.

Mark Melnick, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief were James S. Green, Acting Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel and Earl A. Sanders, Atty., Office of Gen. Counsel, Office of Personnel Management, of counsel.

Before NIES and ARCHER, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This petition to review challenges the decision of the Merit Systems Protection Board (Board), affirming the reconsideration decision of the Office of Personnel Management (OPM) that, in determining the petitioner's survivorship benefits of her deceased husband, a federal employee when he died, the time he spent as an employee of a proprietary corporation of the Central Intelligence Agency (CIA) could not be included. Bevans v. Office...

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