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NUSS v. OFFICE OF PERSONNEL MANAGEMENT

No. 91-3482.

974 F.2d 1316 (1992)

Dale H. NUSS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

September 8, 1992.

Attorney(s) appearing for the Case

W. Craig James, Skinner, Fawcett & Mauk, Boise, Idaho, argued for petitioner. With him on the brief was Robert E. Kyte.

Deborah A. Brinley, Atty., Commercial Litigation Branch, 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 Martha H. DeGraff, Asst. Director. Also on the brief was Murray M. Meeker, Gen. Counsel, Office of Personnel Management, Washington, D.C., of counsel.

Before RICH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.

RICH, Circuit Judge.

Dale H. Nuss (Mr. Nuss) appeals from the June 19, 1991 final decision of the Merit Systems Protection Board (board), 49 M.S.P.R. 139, Docket No. DE08318910108, reversing the administrative judge's (AJ) initial decision and reinstating the Office of Personnel Management's (OPM) determination that Mr. Nuss' claim for enhanced retirement benefits as a wildland firefighter, pursuant to 5 U.S.C. §§ 8336(c)(1), (d)(1) (West 1980), was barred...

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