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PASCAVAGE v. OFFICE OF PERSONNEL MANAGEMENT

Civ. No. 09-276-LPS.

773 F.Supp.2d 452 (2011)

Claire V. PASCAVAGE, on behalf of herself and all others similarly situated, Plaintiff, v. OFFICE OF PERSONNEL MANAGEMENT, Defendant.

United States District Court, D. Delaware.

March 29, 2011.

Attorney(s) appearing for the Case

John S. Spadaro , John Sheehan Spadaro, LLC, Hockessin, DE, for Plaintiff.

David. C. Weiss , Patricia C. Hannigan , United States Department of Justice, Wilmington, DE, for Defendant.

OPINION

STARK, District Judge.

This proposed class action presents a novel statutory construction issue. Specifically, the Court must interpret 5 U.S.C. § 8705(e), apparently an issue of first impression in the federal courts. The Court must also determine whether the Office of Personnel Management's construction of § 8705(e) comports with guiding principles of administrative law. Pending before the Court are the parties' cross motions for...

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