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CHERTKOV v. OFFICE OF PERSONNEL MANAGEMENT

No. 93-4001.

52 F.3d 961 (1995)

Lynn S. CHERTKOV, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied April 27, 1995.

Attorney(s) appearing for the Case

Joseph L. Bianculli, Bianculli & Hoffman, Arlington, VA, argued for petitioner.

Jeanne E. Davidson, Asst. Director, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for respondent. With her on the brief were Frank W. Hunger, Asst. Atty. Gen., and David M. Cohen, Director. Of counsel was Murray M. Meeker, Office of Gen. Counsel, Office of Personnel Management.

Before PLAGER, LOURIE, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Lynn S. Chertkov seeks review of the June 30, 1993 decision of the Office of Personnel Management (OPM), which debarred her from participating as a provider in the Federal Employees' Health Benefits Program (FEHBP). Because OPM's decision was not a "determination" within the meaning of 5 U.S.C. § 8902a(g)(1) (1988), the right to appeal to this court set forth in 5 U.S.C. § 8902a(g)(2) does not apply. Therefore, we dismiss the appeal...

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