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DOWNING v. OFFICE OF PERSONNEL MANAGEMENT

No. 2010-3043.

619 F.3d 1374 (2010)

Billye D. DOWNING, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

September 20, 2010.

Attorney(s) appearing for the Case

Billye D. Downing , of West Columbia, TX, pro se.

Hillary A. Stern , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director.

Dissenting opinion filed by Circuit Judge NEWMAN.

PROST, Circuit Judge.

Petitioner Billye D. Downing petitions for review of the final decision of the Merit Systems Protection Board ("Board"), which affirmed the reconsideration decision of the Office of Personnel Management ("OPM") denying her request for former spouse survivor annuity benefits under the Civil Service Retirement System ("CSRS"), 5 U.S.C. § 8331 et seq. Because her former husband, Randall Scott Downing, did not reelect former spouse survivor...

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