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KILLEEN v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3033.

382 F.3d 1316 (2004)

John M. KILLEEN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

August 31, 2004.

Attorney(s) appearing for the Case

Michael L. Spekter, of Washington, DC, argued for petitioner.

Steven J. Abelson, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Kathryn A. Bleecker, Assistant Director, and Virginia G. Farrier, Attorney. Of counsel on the brief was Earl Sanders, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Before RADER, GAJARSA, and PROST, Circuit Judges.

GAJARSA, Circuit Judge.

John M. Killeen ("Killeen") appeals from the final order of the Merit Systems Protection Board ("Board") denying his petition for review of the initial decision of an administrative judge and, consequently, affirming the Office of Personnel Management's ("OPM's") computation of Killeen's retirement annuity. Killeen v. Office of Pers. Mgmt., No. CH-0831-02-0608-I-1, 2003 WL 22248819 (Sept. 23, 2003) ("Final Order"); Killeen...

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