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MONTELONGO v. OFFICE OF PERSONNEL MANAGEMENT

2018-2095.

939 F.3d 1351 (2019)

Michael MONTELONGO, Petitioner v. OFFICE OF PERSONNEL MANAGEMENT, Respondent

United States Court of Appeals, Federal Circuit.

Decided: October 2, 2019.

Attorney(s) appearing for the Case

Allen Arthur Shoikhetbrod , Tully Rinckey PLLC, Albany, NY, argued for petitioner.

Zachary John Sullivan , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Reginald Thomas Blades, Jr. , Joseph H. Hunt , Robert Edward Kirschman, Jr. , Nathanael Yale.

Before Taranto, Clevenger, and Hughes, Circuit Judges.

Michael Montelongo applied for a civil service retirement annuity for which applicants must meet a threshold requirement of having at least five years of "civilian service." 5 U.S.C. § 8410. It is undisputed that Mr. Montelongo could not meet that requirement unless his time as a cadet student at the United States Military...

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