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KOYEN v. OFFICE OF PERSONNEL MANAGEMENT

No. 91-3088.

973 F.2d 919 (1992)

Elizabeth H. KOYEN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

August 27, 1992.

Attorney(s) appearing for the Case

Robert C. Price, of Price & Runnells, Bloomington, Ind., argued, for petitioner.

Phyllis Jo Baunach, of Dept. of Justice, Washington, D.C., argued, for respondent. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, and Mary Mitchelson, Asst. Director. Of counsel were Jaime Ramon, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel, and Barbara J. Matthews-Beck, Attorney, Office of Personnel Management.

Before MICHEL, PLAGER, and RADER, Circuit Judges.

PLAGER, Circuit Judge.

Elizabeth H. Koyen (Ms. Koyen) appeals from the decision of the Merit Systems Protection Board (MSPB), No. DE08319010357 (Sept. 25, 1990). The MSPB decision upheld a determination by the Office of Personnel Management (OPM) that Ms. Koyen was not entitled to a survivor annuity after the death of her former husband, Robert W. Koyen (Koyen), a retired government employee of many years. We affirm.

BACKGROUND

The gravamen of Ms...

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