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VALLEE v. OFFICE OF PERSONNEL MANAGEMENT

No. 94-3189.

58 F.3d 613 (1995)

Jeanne A. VALLEE, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

June 23, 1995.

Attorney(s) appearing for the Case

Brian G. Goldstein, Kirshenbaum & Kirshenbaum, Cranston, RI, argued for petitioner.

Matthew S. Bode, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for respondent. With him on the brief were Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director and Anthony H. Anikeeff, Asst. Director. Of counsel was Jill Gerstenfield.

Before RICH, NEWMAN, and RADER, Circuit Judges.

NEWMAN, Circuit Judge.

Jeanne A. Vallee petitions for review of the decision of the Merit Systems Protection Board, Docket No. BN0831930078-I-1, affirming the Office of Personnel Management's denial of her entitlement to a survivor annuity. Because OPM had failed to give the statutory notice of election rights as required by the Spouse Equity Act, the decision is reversed.

DISCUSSION

A

In Brush v. Office of Personnel Management...

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