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DE SIBONGA v. ADMINISTRATOR OF VETERANS AFFAIRS

No. 24156.

458 F.2d 789 (1972)

Mrs. Leonarda F. Vda DE SIBONGA, Appellant, v. ADMINISTRATOR OF VETERANS AFFAIRS.

United States Court of Appeals, District of Columbia Circuit.

Decided February 28, 1972.

Petition for Rehearing Denied April 19, 1972.

Attorney(s) appearing for the Case

Mr. Milton A. Kallis, Washington, D. C., for appellant.

Mr. Tracy J. Whitaker, Atty., Department of Justice, of the bar of the Supreme Court of Virginia, pro hac vice, by special leave of Court, for appellee. Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellee. Mr. David V. Seaman, Atty., Department of Justice, also entered an appearance for appellee.

Before BAZELON, Chief Judge, DANAHER, Senior Circuit Judge, and ROBINSON, Circuit Judge.

DANAHER, Senior Circuit Judge:

This appeal involves, under circumstances to be mentioned, the applicability of 38 U.S.C. § 211(a) (1958) which pertinently provided:

. . . [T]he decisions of the Administrator on any question of law or fact concerning a claim for benefits or payments under any law administered by the Veterans' Administration shall be final and conclusive and no other official or any court of the United States shall have power or jurisdiction...

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