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PERSKE v. OFFICE OF PERSONNEL MANAGEMENT

No. 93-3511.

25 F.3d 1014 (1994)

Robert A. PERSKE, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

June 2, 1994.

Attorney(s) appearing for the Case

W. Craig James, Skinner, Fawcett & Mauk, Boise, ID, argued for petitioner.

Jeri Kaylene Somers, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for respondent. With her on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Bryant G. Snee, Asst. Director. Also on the brief were Lorraine Lewis, Gen. Counsel and Murray M. Meeker, Atty., Office of Personnel Management, of counsel.

Before ARCHER, Chief Judge, NEWMAN and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Robert A. Perske petitions for review of the July 29, 1993 decision of the Merit Systems Protection Board, Docket No. SE-0831-89-0052-B-2, affirming a decision of the Office of Personnel Management (OPM) denying Perske's application for an enhanced retirement annuity based on his service as a federal firefighter. We reverse and remand.

BACKGROUND

Under the Civil Service Retirement Act (CSRA) an employee is entitled to an enhanced...

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