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RAFFERTY v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3323.

407 F.3d 1317 (2005)

Anna M. RAFFERTY, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: May 18, 2005.

Attorney(s) appearing for the Case

Theresa L. Kilgore, Colorado Legal Services, of Colorado Springs, Colorado, argued for petitioner.

Lindsay E. Williams, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Deborah A. Bynum, Assistant Director.

Before MICHEL, Chief Judge, LOURIE and PROST, Circuit Judges.

Opinion for the court filed by Chief Judge MICHEL.

Concurring opinion filed by Circuit Judge PROST.

MICHEL, Chief Judge.

Anna M. Rafferty petitions for review of the final decision of the Merit Systems Protection Board ("Board") upholding the Office of Personnel Management's ("OPM's") decision denying her application for a former spouse survivor annuity. See Rafferty v. Office of Pers. Mgmt., No. DE0831030109-I-1, 96 M.S.P.R. 64, 2004 WL 715822...

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