United States Federal Circuit

Denial of plaintiff's survivor annuity benefits is reversed where the Merit Systems Protection Board misinterpreted the meaning of the term "in residence" in 5 U.S.C. section 8441(4)(C).

Appellate Information

• Decided 01/26/2005
• Published 01/26/2005

Judges

• LOURIE, Circuit Judge., Before LOURIE, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Barbara Langston, of West Point, Utah, pro se.


• For Appellees:
  
• Tara K. Hogan, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent.   On the brief were Peter Keisler, Assistant Attorney General, David M. Cohen, Director, Bryant G. Snee, Assistant Director, and Cristina C. Ashworth, Trial Attorney.   Of counsel on the brief was James Muetzel, Attorney-Advisor, Office of Personnel Management, of Washington, DC. Of counsel was Michael Bahler, Attorney, Civil Division.