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CURDY v. DEPARTMENT OF AGRICULTURE

No. 01-3332.

291 F.3d 1371 (2002)

Willis CURDY, Todd L. Onken, Tom R. Lindskog, James R. Linville, David E. Custer, Jeff E. Kinderman, Thomas R. Carlsen, and Everett Weniger, Petitioners, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Federal Circuit.

May 30, 2002.

Attorney(s) appearing for the Case

Marian E. Sullivan, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Todd M. Hughes, Assistant Director. Of counsel on the brief was Hugh Maxwell, Attorney, Office of General Counsel, United States Forest Service, of Arlington, VA.

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

MAYER, Chief Judge.

Willis Curdy, et al., appeal the decision of the Merit Systems Protection Board denying them retirement credit for nonwork periods prior to October 1, 1980. Willis Curdy v. Dep't of Agric., DE-0831000270-I-3 (M.S.P.B. May 15, 2001). Because the board properly applied Bain v. Office of Personnel Management, 978 F.2d 1227 (Fed.Cir.1992), we affirm.

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