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KOENIG v. DEPARTMENT OF NAVY

No. 02-3126.

315 F.3d 1378 (2003)

Ronald F. KOENIG, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

January 16, 2003.

Attorney(s) appearing for the Case

Neil C. Bonney, Bonney & Allenberg, P.C., of Virginia Beach, VA, argued for petitioner.

William L. Olsen, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

We again must determine whether a police officer at the United States Naval Base in Norfolk, Virginia was a law enforcement officer under 5 U.S.C. § 8336(c)(1), and therefore was entitled to more favorable retirement benefits. In Watson v. Department of the Navy, 262 F.3d 1292 (Fed.Cir.2001), we upheld the decision of the Merit Systems Protection Board ("Board") that other police officers...

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