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DAVIS v. OFFICE OF PERSONNEL MANAGEMENT

No. 91-3017.

938 F.2d 1283 (1991)

Laverne W. DAVIS, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

July 10, 1991.

Attorney(s) appearing for the Case

Neil C. Bonney, Neil C. Bonney & Associates, Virginia Beach, Va., argued, for petitioner. Of counsel was Karen M. Rye.

J. Peter Mulhern, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued, for respondent. With him on the brief, were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Jeanne E. Davidson, Asst. Director. Also on the brief, was Jaime Ramon, Gen. Counsel, Office of Personnel Management, of counsel.

Before NIES, Chief Judge, SKELTON, Senior Circuit Judge, and MICHEL, Circuit Judge.

NIES, Chief Judge.

DECISION

Laverne Davis appeals from the September 24, 1990, decision of the Merit Systems Protection Board upholding rulings of the Office of Personnel Management (1) that petitioner had no right to file a posthumous claim for disability retirement on behalf of her deceased husband and (2) that she was not entitled to a survivor annuity under 5 U.S.C. § 8341 (1988). Davis v. Office of Personnel Management [46 M.S.P.R. 106 ...

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