KINDALL v. OFFICE OF PERSONNEL MANAGEMENT

No. 02-3371.

347 F.3d 930 (2003)

Ramona H. KINDALL, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: October 21, 2003.


Attorney(s) appearing for the Case

Walter W. Moore, Richard Hamlin Attorneys, of Los Angeles, California, for petitioner. With him on the brief was Richard F. Hamlin.

Michael O'Connell, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. On the brief were David M. Cohen, Director; James M. Kinsella, Deputy Director; and Michael F. Kiely, Trial Attorney. Of counsel on the brief was Paul St. Hillaire, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.


LOURIE, Circuit Judge.

Ramona Kindall appeals from the final decision of the Merit Systems Protection Board affirming the Office of Personnel Management's ("OPM's") determination not to increase her survivor annuity to reflect 1976-1997 cost-of-living adjustments. Kindall v. Office of Pers. Mgmt., 91 M.S.P.R. 609 (MSPB 2002) ("Final Decision"). Because we hold that the Board's decision is in accordance with law, we affirm.

BACKGROUND

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