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LANGSTON v. JOHNSON

No. 71-1269.

478 F.2d 915 (1973)

Lathall D. LANGSTON, Appellant, v. Donald E. JOHNSON et al., Administrator of Veterans Affairs.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Alan Dranitzke, Washington, D. C., for appellant. David Rein, Washington, D. C., was on the brief, for appellant.

Michael H. Stein, Atty., Dept. of Justice, with whom L. Patrick Gray, III, Asst. Atty. Gen., at the time the brief was filed, Thomas A. Flannery, U. S. Atty., at the time the brief was filed and Alan S. Rosenthal, Atty., Dept. of Justice, were on the brief, for appellee.

Before DANAHER, Senior Circuit Judge, and ROBINSON and WILKEY, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

In 1952, the Administrator of Veterans Affairs terminated a 1944 award of monthly disability compensation benefits in favor of appellant, a World War II veteran. The ground assigned for the revocation was a new determination, contrary to the old, that appellant's disability was unrelated to his military service, and that the award "involve[d] a clear and unmistakable error." In 1968, appellant brought suit in the District...

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