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AVILA v. OFFICE OF PERSONNEL MANAGEMENT

No. 95-3579.

79 F.3d 128 (1996)

Nemesio AVILA, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 21, 1996.

Attorney(s) appearing for the Case

Nemesio Avila, Manila, Philippines, pro se.

Lydia Kay Griggsby, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, submitted on the briefs, for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Assistant Director. Also on the brief was Jill Gerstenfield, Office of the General Counsel, Office of Personnel Management, Washington, DC.

Before MAYER, MICHEL, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

Nemesio Avila, a former employee of the Philippine Insular Government, seeks review of a decision of the Merit Systems Protection Board affirming a determination by the Office of Personnel Management (OPM) that he is not entitled to a deferred retirement annuity under the Civil Service Retirement Act (CSRA). We affirm.

I

Avila was employed by the Philippine Insular Government from June 2, 1924, until November 15, 1935, when...

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