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BAIN v. OFFICE OF PERSONNEL MANAGEMENT

Nos. 91-3503, 91-3504.

978 F.2d 1227 (1992)

Helen L. BAIN, and E. Jeanne Post and Donna L. Johnson, Petitioners, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied February 2, 1993.

Attorney(s) appearing for the Case

Barbara A. Atkin, Sr. Appellate Counsel, Nat. Treasury Employees Union, Washington, D.C., argued for petitioners. With her on the brief was Gregory O'Duden, Director of Litigation. Also on the brief was Michael T. Lamb, Asst. Counsel, National Treasury Employees Union, Chicago, Ill., of counsel.

John P. Sholar, Atty., 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 Terrance S. Hartman, Asst. Director. Also on the brief were Vernon B. Park, Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel and Earl A. Sanders, Atty., Office of the Gen. Counsel, Office of Personnel Management, of counsel.

Before ARCHER, CLEVENGER, and RADER, Circuit Judges.

RADER, Circuit Judge.

Petitioners, seasonal employees with the Internal Revenue Service (IRS), appeal two final decisions of the Merit Systems Protection Board. Both decisions denied petitioners retirement credit for off-season, non-work periods before October 1, 1980. Bain v. Office of Personnel Management, 49 M.S.P.R. 307 (1991); Post v. Office of Personnel Management, 49 M.S.P.R. 172 (1991). This court consolidated the appeals for briefing and argument...

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