United States Federal Circuit

Denial of plaintiff's claim for annuity benefits, under the Civil Service Retirement System, is affirmed where the Merit Systems Protection Board's decision was not arbitrary, capricious, an abuse of discretion, or unsupported by substantial evidence.

Appellate Information

• Decided 12/22/2004
• Published 12/22/2004

Judges

• PROST, Circuit Judge., Before RADER, DYK, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Joseph M.Codega, of Cranston, Rhode Island, argued for petitioner.


• For Appellees:
  
• David A. Harrington, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   On the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, James M. Kinsella, Deputy Director, and Cristina C. Ashworth, Trial Attorney.   Of counsel was Earl Sanders, Office of the General Counsel, Office of Personnel Management, of Washington, DC.