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BRUSH v. OFFICE OF PERSONNEL MANAGEMENT

No. 91-3239.

982 F.2d 1554 (1992)

Billie BRUSH, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

December 31, 1992.

Attorney(s) appearing for the Case

William S. Bansford, Neill & Shaw, Washington, DC, argued for petitioner.

Matthew S. Bode, Dept. of Justice, Washington, DC, argued for respondent. With him on the brief were Stuart M. Gerson, David M. Cohen and Terrance S. Hartman, Washington, DC. Of counsel were Jaime Ramon, Thomas F. Moyer and Barbara J. Matthews-Beck, Office of Personnel Management, Washington, DC.

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

EDWARD S. SMITH, Senior Circuit Judge.

Billie R. Brush appeals the initial decision of the Merit Systems Protection Board (MSPB or Board), which became final on 15 February 1991.1 The Board affirmed the decision of the Office of Personnel Management (OPM) denying Mrs. Brush's application for former spouse survivor annuity benefits. Affirmed-in-part, reversed-in-part, and remanded.

Issue

The issue is whether the...

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