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DELOS SANTOS v. OFFICE OF PERSONNEL MANAGEMENT

No. 02-3061.

289 F.3d 1382 (2002)

Delores A. DELOS SANTOS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

May 17, 2002.

Attorney(s) appearing for the Case

Delores A. Delos Santos, of Olongapo City, PH, pro se.

Timothy P. McIlmail, 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 Brian M. Simkin, Assistant Director.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The widow of a deceased former government employee challenges the refusal of the Merit Systems Protection Board ("Board") to review a regulation of the Office of Personnel Management ("OPM"), pursuant to which that agency denied her survivor's annuity benefits. OPM did so because it previously had denied the employee retirement annuity benefits, on the ground that the employee did not have sufficient service to qualify for them. We...

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