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MENDOZA v. MERIT SYSTEMS PROTECTION BD.

No. 91-3202.

949 F.2d 391 (1991)

Juanita C. MENDOZA, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

November 18, 1991.

Attorney(s) appearing for the Case

Juanita C. Mendoza, pro se.

Michael K. Martin, Merit Systems Protection Board, of Washington, D.C., submitted for the respondent. With him on the brief were Mary L. Jennings, Acting General Counsel and Sara B. Rearden, Acting Asst. General Counsel. Margaret L. Baskette, Jeanne E. Davidson and David M. Cohen, Dept. of Justice, of Washington, D.C., represented the respondent. Murray M. Meeker, Office of Personnel Management, Washington, D.C., of counsel.

Before NIES, Chief Judge, NEWMAN and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Juanita C. Mendoza appeals the final decision of the Merit System Protection Board (MSPB), 47 M.S.P.R. 123, dismissing for untimeliness her appeal of a reconsideration decision of the Office of Personnel Management (OPM). We reverse and remand.

BACKGROUND

Mrs. Mendoza, residing in the Phillipines, applied for a survivor annuity under the Civil Service Retirement System, based on

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