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KIEVENAAR v. OFFICE OF PERSONNEL MANAGEMENT

No. 05-3048.

421 F.3d 1359 (2005)

Joan M. KIEVENAAR, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

September 1, 2005.

Attorney(s) appearing for the Case

William J. Lafferty, Lafferty & Lafferty, of Burlington, Massachusetts, for petitioner.

J. Reid Prouty, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Todd M. Hughes, Assistant Director and James D. Colt, Trial Attorney.

Before MAYER, LOURIE, and LINN, Circuit Judges.

LINN, Circuit Judge.

Joan M. Kievenaar ("Kievenaar") petitions for review of the Merit Systems Protection Board's ("Board") denial of a survivor annuity pursuant to 5 U.S.C. § 8343a. Kievenaar v. Office of Pers. Mgmt., No. BN-0831-03-0055-1-1 (M.S.P.B. Mar. 31, 2003). Because the Board did not err in determining that Kievenaar could not rely on 5 C.F.R. § 831.2203(f) to claim entitlement to an alternative...

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