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WOOD v. OFFICE OF PERSONNEL MANAGEMENT

No. 00-3235.

241 F.3d 1364 (2001)

Maryann A. WOOD, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

March 6, 2001.

Attorney(s) appearing for the Case

Herbert Karasin, of Reading, PA, for petitioner.

Mark L. Josephs, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With him on the brief were David M. Cohen, Director; and Kirk T. Manhardt, 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 BRYSON, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

DYK, Circuit Judge.

Maryann A. Wood applied for a former spouse survivor annuity under the Civil Service Retirement System. She claimed entitlement to that benefit on the ground that it had been elected by Bernard Wood, her deceased former spouse and a retired federal employee, or, if not formally elected, that the government's failure to give the required notice excused Mr. Wood's failure to make a formal election. The Merit Systems Protection Board (the "Board"...

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