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HAIRSTON v. OFFICE OF PERSONNEL MANAGEMENT

No. 02-3093.

318 F.3d 1127 (2003)

Ruth T. HAIRSTON, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: January 29, 2003.

Attorney(s) appearing for the Case

Margaret Levey, Manatt, Phelps & Phillips, LLP, of Los Angeles, CA, argued for petitioner. With her on the brief was Esra Acikalin Hudson.

Hillary A. Stern, 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 Robert E. Kirschman, Assistant Director. Of counsel was James C. Caine, Attorney.

Before NEWMAN, CLEVENGER, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

Ruth A. Hairston appeals the June 12, 1996 final order of the Merit Systems Protection Board ("Board") affirming a July 6, 1995 reconsideration opinion issued by the Office of Personnel Management ("OPM") denying Ms. Hairston's application for a former spouse survivor annuity under the Civil Service Retirement System ("CSRS"). Hairston v. Office of Pers. Mgmt., Docket No. SF-0831-95-0754-I-1, 70 M.S.P.R. 592 (Jun 12, 1996). Under this...

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