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CLARK v. OFFICE OF PERSONNEL MANAGEMENT

No. 00-3239.

256 F.3d 1360 (2001)

Phillip E. CLARK, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Decided July 19, 2001.

Attorney(s) appearing for the Case

H. Bayne Smith, of Piedmont, Alabama, for petitioner.

David Feniger, 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 Kathryn A. Bleeker, Assistant Director. Of counsel was Lance J. Lerman.

Before MICHEL, LOURIE, and LINN, Circuit Judges.

MICHEL, Circuit Judge.

Phillip Clark ("Clark") petitions for review of the final decision of the Merit Systems Protection Board ("Board"), made final on March 13, 2000, when the full Board declined to review the initial decision of the Administrative Judge ("AJ"). The AJ had affirmed the Office of Personnel Management's ("OPM") denial of Clark's application for the Basic Employee Death Benefit ("BEDB"), to which the surviving spouse of a federal employee is entitled...

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