MERGED AREA X (ED.), ETC. v. CLELAND

No. 78-1757.

604 F.2d 1075 (1979)

MERGED AREA X (EDUCATION) IN the COUNTIES OF BENTON, CEDAR, IOWA, JOHNSON, JONES, LINN AND WASHINGTON, STATE OF IOWA, and Norman Carpenter, Appellees, v. Max CLELAND, Administrator, Veterans Administration, A. H. Thornton, Director, Education and Rehabilitation Service, Veterans Administration, and Robert L. Winters, Director, Veterans Administration Regional Office, Des Moines, Iowa, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 1, 1979.


Attorney(s) appearing for the Case

Judith Whetstine, Asst. U. S. Atty., Cedar Rapids, Iowa (argued), for appellants; by James H. Reynolds, U. S. Atty., Cedar Rapids, Iowa, on brief.

Mark H. Rettig, Hines, Pence, Day & Powers, Cedar Rapids, Iowa (argued), for appellees; Ernest F. Pence, Cedar Rapids, Iowa, on brief.

Slade Gorton, Atty. Gen., Richard M. Montecucco, Sr., Asst. Atty. Gen., Chief, Ed. Division, and Larry R. Schreiter, Asst. Atty. Gen., Olympia, Wash., amicus curiae.

Before GIBSON, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.


McMILLIAN, Circuit Judge.

Appellant, Max Cleland, Administrator of the Veterans Administration (VA), appeals from a judgment of the district court holding that the VA does not have the statutory authority to promulgate Veterans Administration Regulation 14272(D), 38 C.F.R. § 21.4272(d) (1978); V.A. Regulation 14200(G), 38 C.F.R. § 21.4200(g) (1978); and Department of Veteran's Benefits (D.V.B.) Circular 20-77-16...

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