United States Federal Circuit

Denial of plaintiff's claim to a spousal survivor annuity is vacated where the Merit Systems Protection Board erred when it determined that plaintiff and her husband were not married at the time of the husband's death.

Appellate Information

• Decided 08/17/2005
• Published 08/17/2005

Judges

• GAJARSA, Circuit Judge., Before MAYER, GAJARSA, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Karl W. Carter, Jr., of Washington, DC, argued for petitioner.


• For Appellees:
  
• William K. Olivier, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Brian M. Simkin, Assistant Director.   Of counsel on the brief was Earl A. Sanders, Special Counsel, Office of General Counsel, Office of Personnel Management, of Washington, DC.