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BURGIN v. OFFICE OF PERSONNEL MANAGEMENT

No. 96-1289.

120 F.3d 494 (1997)

Virginia BURGIN; Joseph K. Burgin, Plaintiffs-Appellants, v. OFFICE OF PERSONNEL MANAGEMENT, Defendant-Appellee, and HealthPlus, Incorporated, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 7, 1997.

Attorney(s) appearing for the Case

ARGUED: Joseph Martin Gorvoy, Ferris, Hansen & Gorvoy, Greenbelt, MD, for Appellants. George Levi Russell, III, Assistant United States Attorney, for Appellee. BRIEFED: Lynne A. Battaglia, United States Attorney, Baltimore, MD, for Appellee.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and STAMP, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MURNAGHAN and Chief Judge STAMP joined.

OPINION

NIEMEYER, Circuit Judge:

We must determine in this case whether the United States Office of Personnel Management ("OPM") acted arbitrarily, in abuse of its discretion, or otherwise not in accordance with law in affirming the denial of health insurance coverage to a federal employee. The employee claimed coverage...

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