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LANGSTON v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3068.

395 F.3d 1349 (2005)

Barbara LANGSTON, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

January 26, 2005.

Attorney(s) appearing for the Case

Barbara Langston, of West Point, Utah, pro se.

Tara K. Hogan, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. On the brief were Peter Keisler, Assistant Attorney General, David M. Cohen, Director, Bryant G. Snee, Assistant Director, and Cristina C. Ashworth, Trial Attorney. Of counsel on the brief was James Muetzel, Attorney-Advisor, Office of Personnel Management, of Washington, DC. Of counsel was Michael Bahler, Attorney, Civil Division.

Before LOURIE, CLEVENGER, and SCHALL, Circuit Judges.

LOURIE, Circuit Judge.

Barbara Langston appeals from the decision of the Merit Systems Protection Board affirming the denial of survivor annuity benefits by the Office of Personnel Management ("OPM"). Langston v. Office of Pers. Mgmt., No. DE-0843-01-0295-I-1 (M.S.P.B. Aug.24, 2001) ("Initial Decision"). Because the Board misinterpreted the meaning of the term "in residence" in 5 U.S.C. § 8441(4)(C), we reverse.

BACKGROUND

Barbara...

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