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MUTUAL OF OMAHA INS. v. NAT. ASS'N OF GOVERN. EMPLOYEES

No. 97-5129.

145 F.3d 389 (1998)

MUTUAL OF OMAHA INSURANCE COMPANY and Union Labor Life Insurance Company, Appellees, v. NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES, INC., et al., Appellants, Office of Personnel Management and Constance J. Horner, in her official capacity as Director of OPM, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1998.

Rehearing Denied September 4, 1998.

Attorney(s) appearing for the Case

Denis F. Gordon argued the cause for appellants with whom Brad W. Spencer was on the briefs. James R. Barnett entered an appearance.

Dara A. Corrigan, Assistant United States Attorney, argued the cause for appellees Office of Personal Management and Constance J. Horner, with whom Wilma A. Lewis, United States Attorney, and R. Craig Lawrence, Assistant United States Attorney, were on the brief. John D. Bates, Assistant United States Attorney, entered an appearance.

William O. Bittman argued the cause for appellees Mutual of Omaha Insurance Company and Union Labor Life Insurance Company, with whom Michael Barrett was on the brief. James S. Ray entered an appearance.

Before: SILBERMAN, HENDERSON, and ROGERS, Circuit Judges.

SILBERMAN, Circuit Judge:

The National Association of Government Employees (the Union or NAGE) appeals from a district court order "extinguishing" its claim for money contained in a contingency reserve fund maintained by the Office of Personnel Management (the Office or OPM). The district court lacked jurisdiction to make this determination — and may well have lacked jurisdiction over the whole case — thus we vacate its order.

I.

The...

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