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HUTCHISON v. MERIT SYSTEMS PROTECTION BD.

No. 95-3785.

91 F.3d 1458 (1996)

Juanita L. HUTCHISON, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

August 7, 1996.

Attorney(s) appearing for the Case

Andrew B. Cervik, Glendale, California, argued for petitioner.

Eric D. Flores, Attorney, Office of the General Counsel, Merit Systems Protection Board, Washington, DC, argued for respondent. With him on the brief were Mary L. Jennings, General Counsel, and Martha B. Schneider, Assistant General Counsel.

Before CLEVENGER, Circuit Judge, COWEN, Senior Circuit Judge, and SCHALL, Circuit Judge.

SCHALL, Circuit Judge.

Juanita L. Hutchison ("Juanita") petitions for review of the final decision of the Merit Systems Protection Board ("Board"), Docket No. SF-0831-94-0707-I-1, 68 M.S.P.R. 373, dismissing as untimely her appeal of the reconsideration decision of the Office of Personnel Management ("OPM") which denied her claim for a survivor annuity.1 We vacate and remand.

BACKGROUND

Gene M. Hutchison ("Gene") retired...

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