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WATSON v. DEPARTMENT OF THE NAVY

No. 00-3387.

262 F.3d 1292 (2001)

James A. WATSON, Pamela D. Seay, Anthony A. Williams, Donald L. Pennington, Barry Eaton, Chris M. Nechodom, Luther G. Rowland, III, Charles A. Streat, Karvin T. Rodgers, Frank Morales, Douglas P. Acres, Cornell J. Jefferson and Clifton E. Carney, Petitioners, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

Decided August 17, 2001.

Attorney(s) appearing for the Case

Neil C. Bonney, Bonney & Allenberg, P.C., of Virginia Beach, Virginia, argued for petitioners. Of counsel was Michele W. Snyder.

John C. Einstman, 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 Bryant G. Snee, Assistant Director. Of counsel on the brief was Cynthia W. Clark, Attorney, HROC Office of Counsel, Department of the Navy, of Washington, DC.

Peter B. Broida, Arlington, VA, amicus curiae for Fraternal Order of Police.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Senior Circuit Judge FRIEDMAN.

MICHEL, Circuit Judge.

James A. Watson et al. petition for review of the July 17, 2000 final decision of the Merit Systems Protection Board ("Board"), sustaining the Department of the Navy's ("Navy" or "agency") determination that petitioners did not satisfy the statutory and regulatory criteria for early retirement coverage as law enforcement...

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