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NEBBLETT v. OFFICE OF PERSONNEL MANAGEMENT

No. 00-3069.

237 F.3d 1353 (2001)

Wylene J. NEBBLETT, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED January 30, 2001.

Attorney(s) appearing for the Case

J. Christopher Shore, White & Case, of New York, New York, argued for petitioner.

Bryant S. Banes, 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 Kathryn A. Bleecker, Assistant Director. Of counsel on the brief was Earl A. Sanders, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Before PAULINE NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.

CLEVENGER, Circuit Judge.

Wylene J. Nebblett seeks review of the final decision of the Merit Systems Protection Board ("Board") affirming a reconsideration decision of the Office of Personnel Management. Nebblett v. Office of Pers. Mgmt., 83 M.S.P.R. 524 (1999). The reconsideration decision denied Ms. Nebblett's application for an immediate retirement annuity under 5 U.S.C. § 8336(d)(1) (1994). We affirm.

I

On December 23, 1983, Ms. Nebblett...

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