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VACCARO v. OFFICE OF PERSONNEL MANAGEMENT

No. 00-3274.

262 F.3d 1280 (2001)

Linda L. Vaccaro, Petitioner, v. Office of Personnel Management, Respondent.

United States Court of Appeals, Federal Circuit.

Decided August 17, 2001.

Attorney(s) appearing for the Case

Carl V. Angelis, Counselor at Law, of Washington, DC, argued for petitioner.

Mark L. Josephs, Trial 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 Donald E. Kinner, Assistant Director. Of counsel on the brief was Earl A. Sanders, Attorney, Office of General Counsel, Office of Personnel Management, of Washington, DC.

Before MICHEL, SCHALL, and DYK, Circuit Judges.

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

SCHALL, Circuit Judge.

Linda L. Vaccaro petitions for review of the final decision of the Merit Systems Protection Board ("Board") that affirmed the denial by the Office of Personnel Management ("OPM") of her application for a survivor annuity as the former spouse of Angelo Vaccaro, a deceased federal retiree.

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