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DACHNIWSKYJ v. OFFICE OF PERSONNEL MANAGEMENT

No. 2011-3158.

713 F.3d 99 (2013)

Roksoliana DACHNIWSKYJ, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent, and Theresa Dachniwskyj, Intervenor.

United States Court of Appeals, Federal Circuit.

April 2, 2013.

Attorney(s) appearing for the Case

Janice L. Boback , Anderson & Boback, of Chicago, Illinois, argued for petitioner.

Hillary A. Stern , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Kirk T. Manhardt , Assistant Director. Dmytro Kurywczak , Oleksiuk & Associates, P.C., of Palatine, Illinois, argued for intervenor.

Before LOURIE, PROST, and WALLACH, Circuit Judges.

WALLACH, Circuit Judge.

Roksoliana Dachniwskyj ("Roksoliana") appeals the April 19, 2011 final order of the Merit Systems Protection Board ("Board") affirming the initial decision of an Administrative Judge who reversed the decision of the Office of Personnel Management ("OPM") and granted Theresa Dachniwskyj ("Theresa") survivor annuity benefits. Dachniwskyj v. Office of Pers. Mgmt., 116 M.S.P.R. 354 (M.S.P.B.2011) ("Final Op."). Because OPM's annual...

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