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FELZIEN v. OFFICE OF PERSONNEL MANAGEMENT

No. 90-3445.

930 F.2d 898 (1991)

Thomas J. FELZIEN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

April 17, 1991.

Attorney(s) appearing for the Case

W. Craig James, Skinner, Fawcett & Mauk, Boise, Idaho, argued for petitioner.

Genevieve Holm, Atty., Commercial Litigation Branch, Department of Justice, of Washington, D.C., argued for respondent. With her 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 Jaime Ramon, Gen. Counsel, Thomas F. Mayer, Asst. Gen. Counsel and Murray M. Meeker, Atty., Office of Personnel Management.

Before MAYER and MICHEL, Circuit Judges, and SMITH, Senior Circuit Judge.

OPINION

MAYER, Circuit Judge.

Thomas J. Felzien appeals the decision of the Merit Systems Protection Board affirming the Office of Personnel Management's denial of his claim for retirement credit as a "firefighter." No. SE08319010177 (May 24, 1990). We reverse and remand.

Background

From May 23, 1965 through July 2, 1977, Felzien worked as a Forest Electronics Technician for the United States Forest Service, Department of Agriculture...

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