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MODDERNO v. KING

No. 94-5400.

82 F.3d 1059 (1996)

Marsha Francine MODDERNO, Appellant, v. James B. KING, Director, U.S. Office of Personnel Management Agency, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 1996.

Rehearing and Suggestion for Rehearing Denied July 1, 1996.

Attorney(s) appearing for the Case

Marsha F. Modderno, pro se, was on the briefs for appellant.

Sharon L. Volckhausen, student counsel, argued the cause on the side of appellant and filed the briefs for amicus curiae appointed by the court. With her on the briefs were Steven H. Goldblatt, Washington, DC, amicus curiae, Michelle J. Anderson, attorney, and Deanne L. Chun, student counsel.

Cynthia A. Schnedar, Assistant United States Attorney, argued the cause for appellee. With her on the briefs were Eric H. Holder, Jr., United States Attorney, R. Craig Lawrence, and Michael J. Ryan, Assistant United States Attorneys.

Douglas S. McDowell and Ann E. Reesman, Washington, DC, were on the brief for amicus curiae Equal Employment Advisory Council.

Before: WILLIAMS, GINSBURG and SENTELLE, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied July 1, 1996.

Opinion for the Court filed by Circuit Judge WILLIAMS.

Concurring opinion filed by Circuit Judge GINSBURG.

STEPHEN F. WILLIAMS, Circuit Judge:

Marsha Francine Modderno suffers from a mental illness that required her hospitalization from 1988 to 1991. During this period she was covered by the Foreign Service Benefit Plan by virtue of her status as the former spouse of a Foreign...

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