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STEARN v. DEPARTMENT OF NAVY

Nos. 01-3013, 01-3026 and 01-3027.

280 F.3d 1376 (2002)

Howard STEARN, Ronald J. Fontenault, Michael Gonzales, William L. Jernigan and George K. Maynard, Petitioners, and Randolph Bremby, Brenda K. Smith, Marcus H. Roane, Sharon E. Bremby and William G. Burke, Petitioners, and Robert L. Phillips and Jarrell S. Weldon, Petitioners, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: February 15, 2002.

Attorney(s) appearing for the Case

Neil C. Bonney, Bonney & Allenberg, P.C., of Virginia Beach, VA, for petitioners Howard Stearn, Ronald J. Fontenault, Michael Gonzales, William L. Jernigan and George K. Maynard.

Jeffrey A. Belkin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel were Doris S. Finnerman and Bryant G. Snee.

Before SCHALL, GAJARSA, and LINN, Circuit Judges.

LINN, Circuit Judge.

Petitioners seek review of a Merit Systems Protection Board ("Board") decision denying their petitions for enforcement of an Opinion and Order of the Board ordering the Department of the Navy ("the Navy") to grant petitioners law enforcement officer retirement credit ("LEO credit"). Basing its determinations on a regulation, the Navy limited petitioners' entitlement to LEO credit to a period of one year prior to the dates on which petitioners...

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