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STAUB v. JOHNSON

No. 74-1504.

519 F.2d 298 (1975)

Emanuel STAUB, Individually and on behalf of all persons similarly situated, Appellant, v. Donald E. JOHNSON, Individually and as Administrator of Veterans' Affairs.

United States Court of Appeals, District of Columbia Circuit.

Decided September 15, 1975.

Attorney(s) appearing for the Case

Thomas S. Martin, Washington, D.C., with whom Ralph J. Temple, Washington, D.C., was on the brief for appellant.

Barry L. Leibowitz, Asst. U.S. Atty., with whom Earl J. Silbert, U.S. Atty., John A. Terry, James F. McMullin and Paul M. Tschirhart, Asst. U.S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, MacKINNON, Circuit Judge, and CHRISTENSEN, Senior United States District Judge for the District of Utah.

Opinion for the court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge:

Appellant challenges the constitutionality of 38 U.S.C. § 3404(c), which limits the fees payable to agents or attorneys representing veterans on claims for monetary benefits before the Veterans Administration (VA) to $10 per claim. The District Court dismissed the complaint for failure to present a substantial constitutional issue. Since we find that the constitutional questions...

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