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DOWNS v. OFFICE OF PERSONNEL MANAGEMENT

No. 95-3164.

69 F.3d 1141 (1995)

John F. DOWNS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

November 6, 1995.

Attorney(s) appearing for the Case

John F. Downs, Pro Se, submitted on the briefs.

John K. Lapiana, Commercial Litigation Branch, Department of Justice, Washington, D.C., submitted for respondent. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Assistant Director. Of counsel was Lorraine Lewis, General Counsel, and Earl A. Sanders, Office of Personnel Management.

Before LOURIE and RADER, Circuit Judges, NIES, Senior Circuit Judge.

RADER, Circuit Judge.

DECISION

The Merit Systems Protection Board affirmed the Office of Personnel Management's denial of Mr. Downs' request for reinstatement of a child survivor annuity. Because the law precludes such reinstatement following the annuitant's marriage, this court affirms the Board decision.

DISCUSSION

I.

Mr. Downs is the son of a retired civil service employee. After his father's death, Mr. Downs received a child...

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