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PITSKER v. OFFICE OF PERSONNEL MANAGEMENT

Nos. 99-3462, 99-3467.

234 F.3d 1378 (2000)

Vernon G. PITSKER, Petitioner, and Richard C. Rogers, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: December 15, 2000.

Attorney(s) appearing for the Case

David U. Fierst, Stein, Mitchell & Mezines, of Washington, DC, argued for petitioners.

Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; and Bryant G. Snee, Assistant Director.

Before MAYER, Chief Judge, PLAGER, Senior Circuit Judge, and RADER, Circuit Judge.

MAYER, Chief Judge.

Vernon G. Pitsker and Richard C. Rogers appeal the final decisions of the Merit Systems Protection Board in Docket No. SF-0831-97-0822-I-1 (Pitsker) and DA-0831-97-0094-R-1 (Rogers). Because the board's decisions were based on an error in the interpretation of the governing statute, we reverse and remand for recalculation of the petitioners' retirement annuities at a higher rate.

Background

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