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LITZENBERGER v. OFFICE OF PERSONNEL MANAGEMENT

No. 00-3081.

231 F.3d 1333 (2000)

John L. LITZENBERGER, Jr., Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Decided November 7, 2000.

Attorney(s) appearing for the Case

William S. Colwell, of Springfield, Virginia, argued for petitioner.

Elizabeth G. Candler, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director.

Before NEWMAN, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit Judge.

Opinion for the court filed by Circuit Judge NEWMAN. Dissenting opinion filed by Circuit Judge SCHALL.

PAULINE NEWMAN, Circuit Judge.

John L. Litzenberger, Jr. petitions for review of the decision of the Merit Systems Protection Board, Docket No. DC0831990279-I-1, affirming OPM's decision that he is not eligible for a discontinued service annuity following his separation from employment by the Metropolitan Washington Airports Authority. We reverse the decision...

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