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DEVINE v. CLELAND

Nos. 77-1424, 77-1430.

616 F.2d 1080 (1980)

Robert E. DEVINE et al., and all others similarly situated, Plaintiffs-Appellees, v. Max CLELAND, etc., et al., Defendants-Appellants. Robert E. DEVINE et al., Plaintiffs-Appellees, v. Max CLELAND, etc., et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

February 21, 1980.

Attorney(s) appearing for the Case

Charles W. Kircher, Jr., Asst. U. S. Atty., Los Angeles, Cal., argued, Barry J. Trilling, Asst. U. S. Atty., Los Angeles, Cal., on brief, for defendants-appellants.

Scott J. Tepper, Garfield, Tepper & Ashworth, Los Angeles, Cal., for plaintiffs-appellees.

Before WALLACE and TANG, Circuit Judges, and BATTIN, District Judge.

WALLACE, Circuit Judge:

The successful class before the district court was made up of student-veterans whose educational allowance assistance benefits were suspended, and in some cases terminated, by the Veterans' Administration (VA). The district court enjoined the Administrator of Veterans' Affairs from "any termination" of these educational benefits unless certain specified procedural requisites were met. The Administrator appeals on two grounds: first, that 38...

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