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TIZO v. OFFICE OF PERSONNEL MANAGEMENT

No. 02-3330.

325 F.3d 1378 (2003)

Isidra M. TIZO, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 4, 2003.

Attorney(s) appearing for the Case

Isidra M. Tizo, of Zambales, PH, pro se.

Monica J. Palko, 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 Todd M. Hughes, Assistant Director.

Before BRYSON, GAJARSA, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

Isidra Tizo appeals from a final decision of the Merit Systems Protection Board affirming the decision of the Office of Personnel Management ("OPM") that Ms. Tizo is not eligible for a survivor annuity based upon the federal civil service of her late husband, Jimmy Tizo. Because substantial evidence supports the Board's finding that Mr. Tizo did not die while in covered service and was not eligible for a retirement annuity, we affirm.

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