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SCHOEMAKERS v. OFFICE OF PERSONNEL MANAGEMENT

No. 98-3144.

180 F.3d 1377 (1999)

Myrtice SCHOEMAKERS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

June 22, 1999.

Attorney(s) appearing for the Case

David W. Glasser, Glasser and Handel, of Daytona Beach, Florida, argued for petitioner.

Brian S. Smith, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director.

Before PLAGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOURIE, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This is an appeal from a decision of the Merit Systems Protection Board (Board) affirming a decision of the Office of Personnel Management (OPM) that the appellant Myrtice Schoemakers was not entitled to a survivor's annuity because her husband had not applied for such annuity within two years of his marriage to her, as the governing statute required. We affirm.

I

When Conrad Schoemakers retired as a federal employee...

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