MARINO v. OFFICE OF PERSONNEL MGMT.

No. 00-3133.

243 F.3d 1375 (2001)

Frank E. MARINO, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED March 27, 2001.


Attorney(s) appearing for the Case

Frank E. Marino, of San Antonio, Texas, pro se.

Doris S. Finnerman, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With her on the brief were David W. Cohen, Director; and Todd M. Hughes, Assistant Director.

Before MAYER, Chief Judge, LOURIE and SCHALL, Circuit Judges.


MAYER, Chief Judge.

Frank E. Marino appeals the final decision of the Merit Systems Protection Board in Docket No. DA844E980317-I-1 (Nov. 1, 1999), denying his application for disability retirement under the Federal Employees' Retirement System (FERS). Because the board's decision is contrary to the language of the governing statute and regulations, we reverse and remand.

Background

Marino was employed as a Materials Handler for the Defense...

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