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WARREN v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3397.

407 F.3d 1309 (2005)

Mary WARREN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: May 16, 2005.

Attorney(s) appearing for the Case

Michael J. Kator, Kator, Parks & Weiser, of Washington, DC, argued for petitioner. On the brief was Clark B. Williams, Heltzel, Upjohn, Williams, Yandell, Roth, Smith & Petersen, P.C., of Salem, Oregon.

Kevin B. Crawford, 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, Robert E. Kirschman, Jr., Assistant Director, and James D. Colt, Trial Attorney.

Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

BRYSON, Circuit Judge.

Mary Warren appeals from an order of the Merit Systems Protection Board, Docket No. SE-0831-03-0055-I-1, 96 M.S.P.R. 465, 2004 WL 1416601, affirming a decision of the Office of Personnel Management ("OPM"), which denied her request for a survivor annuity under the Civil Service Retirement System ("CSRS"). We uphold the Board's decision to the extent that it sustained OPM's ruling that Ms. Warren is...

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