United States Federal Circuit

The district court's order awarding plaintiff a former spouse survivor annuity constitutes an improper modification under 5 U.S.C. section 8321(h)(4) of a prior court order silent as to a survivor annuity.

Appellate Information

• Decided 05/18/2005
• Published 05/18/2005

Judges

• Before MICHEL, Chief Judge, LOURIE and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Theresa L. Kilgore, Colorado Legal Services, of Colorado Springs, Colorado, argued for petitioner.


• For Appellees:
  
• Lindsay E. Williams, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With her on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Deborah A. Bynum, Assistant Director.