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KILLEEN v. OFFICE OF PERSONNEL MANAGEMENT

No. 2008-3079.

558 F.3d 1318 (2009)

John M. KILLEEN, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

February 27, 2009.

Attorney(s) appearing for the Case

Michael L. Spekter, of Washington, DC, argued for petitioner.

Tara K. Hogan, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Jeanne E. Davidson, Director and Todd M. Hughes, Deputy Director. Of counsel was Hillary A. Stern, Senior Trial Counsel.

Before RADER, PLAGER, and GAJARSA, Circuit Judges.

RADER, Circuit Judge.

Mr. Killeen is a retired air traffic controller entitled to annuity retirement benefits under the Civil Service Retirement System. In its final decision, the Merit Systems Protection Board ("the Board") sustained the Office of Personnel Management's ("OPM's") reconsideration decision to award Mr. Killeen a basic retirement annuity of $28,850.41. Killeen v. Office of Pers. Mgmt., 106 M.S.P.R. 666, 667-68 (2007) ("Final Decision"...

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