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MORAVEC v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3061.

393 F.3d 1263 (2004)

David MORAVEC, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

December 22, 2004.

Attorney(s) appearing for the Case

Joseph M.Codega, of Cranston, Rhode Island, argued for petitioner.

David A. Harrington, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, James M. Kinsella, Deputy Director, and Cristina C. Ashworth, Trial Attorney. Of counsel was Earl Sanders, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Before RADER, DYK, and PROST, Circuit Judges.

PROST, Circuit Judge.

The petitioner, David Moravec, asks this court to review the final decision of the Merit Systems Protection Board ("the Board") denying his appeal of the Office of Personnel Management ("OPM") decisions rejecting his claim for full annuity benefits under the Civil Service Retirement System ("CSRS") and requiring him to repay $18,190.30 in annuity benefits that he received in error. Moravec v. Office of Pers. Mgmt., Docket No. BN831M010205...

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