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HUBBARD v. OFFICE OF PERSONNEL MANAGEMENT

No. 00-3166.

247 F.3d 1236 (2001)

Betty L. HUBBARD, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED April 30, 2001.

Attorney(s) appearing for the Case

Jonathan G. McGirt, Cheshire, Parker, Schneider Wells & Bryan, of Raleigh, North Carolina, argued, for petitioner.

Wanda Rubianes-Collazo, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued, for respondent. With her on the brief were David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director. Of counsel on the brief was Murray M. Meeker, Trial Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Before MICHEL, LOURIE, and RADER, Circuit Judges.

MICHEL, Circuit Judge.

This is a federal employee benefits case. Betty Hubbard petitions for review of the May 12, 1999 decision of the Merit Systems Protection Board ("Board") which became final on November 23, 1999, denying her claim for a former spouse survivor annuity. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(9). We heard oral argument in this appeal on April 2, 2001. Because we conclude that, as a former spouse of a former employee, petitioner...

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