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ELDREDGE v. DEPARTMENT OF INTERIOR

No. 05-3291.

451 F.3d 1337 (2006)

Brian J. ELDREDGE, Petitioner, v. DEPARTMENT OF THE INTERIOR, Respondent.

United States Court of Appeals, Federal Circuit.

June 16, 2006.

Attorney(s) appearing for the Case

W. Craig James, Mauk & Burgoyne, of Boise, Idaho, argued for petitioner.

Douglas K. Mickle, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Peter Keisler, Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director.

Before MICHEL, Chief Judge, SCHALL, and DYK, Circuit Judges.

DYK, Circuit Judge.

Brian J. Eldredge ("Eldredge") appeals the decision of the Merit Systems Protection Board (the "Board") denying his request for firefighter retirement credit under the Federal Employees' Retirement System ("FERS"). Eldredge v. Dep't of the Interior, No. SE-0841-04-0127-I-1 (M.S.P.B. May 20, 2005). We vacate and remand.

BACKGROUND

FERS provides enhanced retirement benefits for firefighters. See 5 U.S.C.

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