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SIMPSON v. OFFICE OF PERSONNEL MANAGEMENT

No. 03-3015.

347 F.3d 1361 (2003)

Carole A. SIMPSON, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

Decided October 30, 2003.

Attorney(s) appearing for the Case

Diana J. Veilleux, Shaw, Bransford, Veilleux & Roth, P.C., of Washington, DC, argued for petitioner. With her on the brief was Bernard E. Doyle.

Elizabeth Thomas, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were David M. Cohen, Director; James M. Kinsella, Deputy Director; and Kent G. Huntington, Attorney.

Before MICHEL, LOURIE, and DYK, Circuit Judges.

LOURIE, Circuit Judge.

Carole Simpson appeals from the final decision of the Merit Systems Protection Board affirming the Office of Personnel Management's ("OPM's") denial of her application for a survivor annuity. Simpson v. Office of Pers. Mgmt., 92 M.S.P.R. 210, 2002 WL 1906866 (M.S.P.B. 2002) ("Final Decision"). Because we hold that OPM failed as a matter of law to provide adequate notice to Mrs. Simpson's late ex-husband that he needed to take affirmative...

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