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HANNON v. DEPARTMENT OF JUSTICE

No. 99-3354.

234 F.3d 674 (2000)

James T. HANNON, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: December 7, 2000.

Attorney(s) appearing for the Case

Michael J. Kator, Kator, Scott & Parks, P.L.L.C., of Washington, DC, argued for petitioner. With him on the brief were Irving Kator, and Cathy Harris.

Scott D. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel was James E. Hicks, Attorney, Office of Chief Counsel, Administrative Law Section, Drug Enforcement Administration, of Washington, DC.

Before LINN, Circuit Judge, FRIEDMAN and PLAGER, Senior Circuit Judges.

FRIEDMAN, Senior Circuit Judge.

This petition for review challenges the decision of the Merit Systems Protection Board ("Board"), sustaining the agency's determination that the petitioner was not a law enforcement officer and therefore was not entitled to enhanced retirement benefits under 5 U.S.C. § 8331(20). We affirm.

I

Federal law enforcement personnel may retire under the Civil Service Retirement System at age fifty with enhanced benefits...

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