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KISZKA v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3038.

372 F.3d 1301 (2004)

Richard T. KISZKA, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: June 22, 2004.

Attorney(s) appearing for the Case

William Lafferty, Lafferty & Lafferty, of Burlington, MA, for petitioner.

Paul D. Kovac, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director and Deborah A. Bynum, Assistant Director. Of counsel on the brief was Melanie Watson, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Before RADER, BRYSON, and LINN, Circuit Judges.

BRYSON, Circuit Judge.

Richard T. Kiszka appeals from a decision of the Merit Systems Protection Board, Docket No. SF-0831-02-0453-I-1, 94 M.S.P.R. 109, denying Mr. Kiszka's application for a retirement annuity under the Civil Service Retirement System ("CSRS"). We affirm.

I

Mr. Kiszka served in the United States Army from August 1965 through January 1966. He then served as a civilian technician in the Massachusetts Army National Guard ("MANG") from...

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