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TORRES v. OFFICE OF PERSONNEL MANAGEMENT

No. 96-3367.

124 F.3d 1287 (1997)

Joseph T. TORRES, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied November 13, 1997.

Attorney(s) appearing for the Case

Karen L. Karr, Mohr, Hackett, Pederson, Blakley, Randolph & Haga, P.C., Phoenix, AZ, argued, for petitioner.

Tarek Sawi, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued, for respondent. With him on brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Anthony H. Anikeeff, Assistant Director.

Before MICHEL, Circuit Judge, SKELTON, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

MICHEL, Circuit Judge.

Joseph T. Torres petitions for review of the final decision of the Merit Systems Protection Board ("Board") in SF-0831-96-0215-I-1. The April 1, 1996 decision of the Administrative Judge ("AJ"), which affirmed the Office of Personnel Management ("OPM") reconsideration decision denying Torres an immediate, "early out" retirement annuity under 5 U.S.C. § 8336(d)(2), became the final decision of the Board when the full Board denied review...

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