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CONANT v. OFFICE OF PERSONNEL MANAGEMENT

No. 99-3459.

255 F.3d 1371 (2001)

Kathryn CONANT, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED July 10, 2001.

Attorney(s) appearing for the Case

Barbara Kraft, Beins, Axelrod & Kraft, PC, of Washington, DC, argued for petitioner.

Brent M. McBurney, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were David M. Cohen, Director; Kirk T. Manhardt, Assistant Director; and John Groat, Attorney. Of counsel was Richard P. Schroeder, Attorney.

Before PAULINE NEWMAN, RADER, and GAJARSA, Circuit Judges.

Opinion for the court filed by Circuit Judge GAJARSA. Circuit Judge RADER dissents.

GAJARSA, Circuit Judge.

Kathryn Conant appeals from a decision of the Merit Systems Protection Board ("Board") affirming a denial by the Office of Personnel Management ("OPM") of Ms. Conant's claim for disability retirement. Conant v. Office of Pers. Mgmt., No. PH-831E-97-0369-B-1 (M.S.P.B. July 27, 1999). Because the Board erred by including in Ms. Conant's disability...

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