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LOWDER v. DEPARTMENT OF HOMELAND SEC.

No. 2006-3181.

504 F.3d 1378 (2007)

James A. LOWDER, Petitioner, v. DEPARTMENT OF HOMELAND SECURITY, Respondent.

United States Court of Appeals, Federal Circuit.

October 16, 2007.

Attorney(s) appearing for the Case

Kevin P. Anderson, Wiley Rein & Fielding LLP, of Washington, DC, argued for petitioner.

Kenneth S. Kessler, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Peter D. Keisler, Acting Attorney General and Steven J. Gillingham, Assistant Director.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MOORE, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

The question is whether the appellant James A. Lowder's service with the United States Secret Service Uniformed Division ("Uniformed Division") qualifies as "law enforcement officer" service. If so, he would be entitled to the higher retirement benefits that such officers receive. The Merit Systems Protection Board ("Board") determined, however, that Mr. Lowder's service did not so qualify, and we affirm.

I

A. Federal...

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