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RAPP v. OFFICE OF PERSONNEL MANAGEMENT

No. 2006-3172.

483 F.3d 1339 (2007)

Lisa S. RAPP, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

April 18, 2007.

Attorney(s) appearing for the Case

Lisa S. Rapp, of Pensacola, Florida, pro se.

Michael J. Dierberg, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Kathryn A. Bleecker, Assistant Director.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and PROST, Circuit Judge.

Opinion for the court filed by Circuit Judge, PROST. Opinion dissenting-in-part filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

Petitioner Lisa S. Rapp appeals a decision by the Merit Systems Protection Board ("MSPB" or "Board") affirming an Office of Personnel Management ("OPM") decision terminating her disability annuity. Rapp v. Office of Pers. Mgmt., No. AT844E050056-I-1, 101 M.S.P.R. 132 (M.S.P.B. Dec. 27, 2005). In light of the fact that...

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