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HOLDER v. OFFICE OF PERSONNEL MANAGEMENT

No. 94-3303.

47 F.3d 412 (1995)

Irene HOLDER, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 7, 1995.

Attorney(s) appearing for the Case

Kenneth B. Wilensky, Vessa & Wilensky, P.C., Mineola, NY, argued for petitioner.

Lauren S. Moore, 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 Mary Mitchelson, Deputy Director. Also on the brief was Lorraine Lewis, Gen. Counsel, Office of Personnel Management, of counsel.

Before PLAGER, CLEVENGER, and RADER, Circuit Judges.

RADER, Circuit Judge.

The Merit Systems Protection Board (Board) affirmed the Office of Personnel Management's (OPM's) denial of a former spouse annuity to Irene Holder. Holder v. Office of Personnel Management, 61 M.S.P.R. 348 (1994). Because Mr. Holder filed her application late and because Ms. Holder's former husband did not timely elect to provide her with an annuity, this court affirms.

BACKGROUND

Mr. Holder was a federal employee...

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