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KIRKHUFF v. NIMMO

No. 81-1770.

683 F.2d 544 (1982)

Evelyn Elisabeth KIRKHUFF, Appellee, v. Robert P. NIMMO, Administrator, Veterans Affairs, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 1982.

Attorney(s) appearing for the Case

Mark H. Gallant, Atty., Dept. of Justice, Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, and William Kanter, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellant. Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., entered an appearance for appellant.

Robert M. Morgan, Washington, D. C., for appellee.

Before WILKEY and WALD, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

The Administrator of Veterans' Affairs (Administrator) appeals from a judgment by the District Court declaring invalid as ultra vires a Veterans' Administration regulation denying medical benefits for pregnancy and childbirth to financially needy veterans. This appeal raises serious questions about the power of the federal courts to review decisions of the Administrator...

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