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BAILEY v. PRINCIPI

No. 02-7405.

351 F.3d 1381 (2003)

Edward C. BAILEY, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided December 15, 2003.

Attorney(s) appearing for the Case

Keri L. Howe, Arnold & Porter, of New York, NY, argued for claimant-appellant.

Thomas D. Dinackus, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him in the brief were David M. Cohen, Director; and Todd M. Hughes, Assistant Director. Of counsel on the brief was David R. McLenachen, Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Donald E. Zeglin, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, BRYSON, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

Edward C. Bailey appeals from a decision of the Court of Appeals for Veterans Claims ("the Veterans Court") dismissing his appeal from the Board of Veterans' Appeals on the ground that his notice of appeal was untimely. The Veterans Court held that the 120-day period for filing the notice of appeal was not equitably tolled even though the document through which he expressed his intention to appeal was filed with a regional office of the Department...

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