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CARTER v. CLELAND

No. 79-1843.

643 F.2d 1 (1980)

Estelle CARTER, Individually and on behalf of all others similarly situated, Glossie Middleton, Appellants, v. Max CLELAND, Administrator of Veterans Affairs, Individually and in his official capacity.

United States Court of Appeals, District of Columbia Circuit.

Decided October 17, 1980.

Attorney(s) appearing for the Case

Gordon Berman, Baltimore, Md., and Dennis W. Carroll, Washington, D. C., with whom Edward C. King, Washington, D. C., was on brief, for appellants.

Alfred Mollin, Atty., Civ. Div., Dept. of Justice, Washington, D. C., with whom Alice Daniel, Asst. Atty. Gen., Carl S. Rauh, U. S. Atty., William G. Kanter, Atty., Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for appellee.

Before WALD and MIKVA, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Appellants, Estelle Carter and Glossie Middleton, challenge the Veterans Administration's "birth by another rule," on the basis of which they were deemed ineligible for death pension benefits. Both women were married to World War II veterans, who drank to excess and physically abused them. As a result of this mistreatment, they were separated from their husbands. Thereafter appellants...

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