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FOX v. OFFICE OF PERSONNEL MANAGEMENT

No. 96-3037.

100 F.3d 141 (1996)

Kim M. FOX, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

November 13, 1996.

Attorney(s) appearing for the Case

Michael J. Kator, Kator, Scott & Heller, Washington, D.C., argued, for petitioner. On the brief was Irving Kator.

Laurel A. Loomis, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued, for respondent. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Richard E. Rice, Assistant Director.

Before ARCHER, Chief Judge, MICHEL and RADER, Circuit Judges.

MICHEL, Circuit Judge.

Kim M. Fox appeals the September 8, 1995 decision of the Merit Systems Protection Board ("MSPB" or "Board") in Docket No. DC-0831-95-0520-I-1, affirming the reconsideration decision of the Office of Personnel Management ("OPM") denying Ms. Fox survivor annuity benefits as a former spouse under the Civil Service Retirement System ("CSRS"). The appeal was submitted for our decision following oral argument on August 2, 1996. Because the Administrative...

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