NAT. ORG. OF VETERANS' ADVOCATES v. SEC. OF VA

Attorney(s) appearing for the Case

David H. Tennant , Nixon Peabody, LLP, of Rochester, NY, argued for petitioner. On the brief were Richard P. Cohen , National Organization of Veterans' Advocates, Inc., of Washington, DC; and Douglas J. Rosinski , Pillsbury Winthrop Shaw Pittman, LLP, of San Francisco, CA.

Michael P. Horan , Deputy General Counsel, Paralyzed Veterans of America, of Washington, DC, argued for petitioner. With him on the brief were William S. Mailander , General Counsel, and Jennifer A. Zajac , Assistant General Counsel.

Barton F. Stichman , National Veterans Legal Services Program, of Washington, DC, argued for the petitioners. Of counsel on the brief were Stephen B. Kinnaird and Sean D. Unger , Paul Hastings Janofsky & Walker, LLP, of Washington, DC.

Scott D. Austin , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martie Adelman , Attorney, of United States Department of Veterans Affairs, of Washington, DC.

Michael Wishnie , Veterans Legal Services Clinic, of New Haven, CT, for amici curiae. With him on the brief was Jeffrey Selbin .

Before NEWMAN, O'MALLEY, and REYNA, Circuit Judges.