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LUKE v. DEPARTMENT OF HEALTH AND HUMAN SERVICES

No. 02-3277.

320 F.3d 1377 (2003)

Jody P. LUKE, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

February 26, 2003.

Attorney(s) appearing for the Case

Jody P. Luke, of New Market, MD, pro se.

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

Before RADER, BRYSON, and DYK, Circuit Judges.

BRYSON, Circuit Judge.

Petitioner Jody P. Luke petitions for review of the decision of the Merit Systems Protection Board, which held that he is not entitled to the special retirement benefits provided to law enforcement officers under 5 U.S.C. § 8412(d). Because Mr. Luke failed to satisfy all of the statutory requirements for obtaining law enforcement officer retirement benefits, we affirm the decision of the Board.

I

Since 1989, Mr. Luke has...

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