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DICKEY v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3391.

419 F.3d 1336 (2005)

Yvonne J. DICKEY, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

August 17, 2005.

Attorney(s) appearing for the Case

Karl W. Carter, Jr., of Washington, DC, argued for petitioner.

William K. Olivier, 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, Brian M. Simkin, Assistant Director. Of counsel on the brief was Earl A. Sanders, Special Counsel, Office of General Counsel, Office of Personnel Management, of Washington, DC.

Before MAYER, GAJARSA, and DYK, Circuit Judges.

GAJARSA, Circuit Judge.

Yvonne J. Dickey ("Ms.Dickey") appeals the final decision of the Merit Systems Protection Board ("MSPB") affirming the Office of Personnel Management's ("OPM") decision denying her claim to a spousal survivor annuity. Ms. Dickey asserts that since she is the common-law widow of James L. Dickey ("Mr.Dickey"), a former government employee, she is entitled to survivor annuity benefits as Mr. Dickey's surviving spouse. OPM denied Ms. Dickey's claim...

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