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BABAKITIS v. OFFICE OF PERSONNEL MANAGEMENT

No. 92-3187.

978 F.2d 693 (1992)

Nicholas BABAKITIS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied January 21, 1993.

Attorney(s) appearing for the Case

Nicholas Babakitis, pro se.

Steven L. Schooner, Trial Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted, for respondent. With him on the brief, were Stuart L. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Sharon Y. Eubanks, Asst. Director. Also on the brief, were Vernon B. Parker, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel and Murray M. Meeker, Atty., Office of Personnel Management, of counsel.

Before NIES, Chief Judge, RICH, Circuit Judge, and MILLS, District Judge.

NIES, Chief Judge.

Nicholas Babakitis seeks review of a decision by the Merit Systems Protection Board in Docket Nos. NY831M8710485-1 and NY831M87C0485-1, which affirmed the Office of Personnel Management's determination that Babakitis had received an overpayment of civil service retirement benefits. We reverse.

BACKGROUND

Babakitis served on active duty in the United States Army and Air Force for a period...

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