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KING v. OFFICE OF PERSONNEL MANAGEMENT

No. 2012-3061.

730 F.3d 1342 (2013)

Kathryn KING, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent, and Diana M. King, Intervenor.

United States Court of Appeals, Federal Circuit.

September 13, 2013.

Attorney(s) appearing for the Case

Matthew J. Dowd , Wiley Rein LLP, of Washington, DC, argued for Petitioner. With him on the brief was Floyd B. Chapman.

Nicholas J. Jabbour , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director. Of counsel on the brief was Jessica S. Johnson , Attorney Advisor, Office of General Counsel, Office of Personnel Management, of Washington, DC.

Diana M. King, of Meridian, ID, pro se.

Before RADER, Chief Judge, O'MALLEY, and REYNA, Circuit Judges.

REYNA, Circuit Judge.

Kathryn King ("Kathryn") appeals the November 10, 2011 final order of the Merit Systems Protection Board ("Board") that she was not entitled to a waiver of recovery of survivor annuity benefits. We reverse the Board's decision denying a waiver of recovery because the Board failed to credit substantial evidence demonstrating, in accordance with 5 C.F.R. § 831.1403, that Kathryn detrimentally...

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