BELL v. OFFICE OF PERSONNEL MANAGEMENT

No. 98-3240.

169 F.3d 1383 (1999)

Maritza C. BELL, Nelson Garcia, Winston Cham, Narciso Corpas, Rigoberto Gomez, Mario Alberto Rios Guevara, Carlos Angel Rodgers, Cesar Ramon Viques, Vincente Urriola, Jr, Hubert Roy Wilson, Miguel Batista Murillo, Carlos Ernesto Brenes, Ana del C. de Cano and Monica Cecelia Arcia, Petitioners, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

March 31, 1999.


Attorney(s) appearing for the Case

Richard J. Hirn, Washington, DC, argued for petitioners. Of counsel on the brief was Ernest Allen Cohen, Tucson, Arizona.

Robert E. Kirschman, Jr., Attorney, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, Washington, DC, argued for respondent. With him on the brief were David M. Cohen, Director, and Joseph A. Kijewski, Assistant Director. Of counsel on the brief was Earl A. Sanders, Attorney, Office of the General Counsel, Office of Personnel Management, Washington, DC.

Before MAYER, Chief Judge, NEWMAN and GAJARSA, Circuit Judges.


MAYER, Chief Judge.

Petitioners Maritza C. Bell et al. appeal the decision of the Merit Systems Protection Board, Bell v. Office of Personnel Management, 79 M.S.P.R. 1 (1998), affirming the final decision of the Office of Personnel Management ("OPM"). that the petitioners were not eligible for coverage under the Civil Service Retirement System of the United States ("CSRS"). Because the board misinterpreted 22 U.S.C. § 3649 (Supp.1998), we reverse and remand...

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