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TINCH v. WALTERS

Nos. 83-5926, 83-5955.

765 F.2d 599 (1985)

William Howard TINCH, Plaintiff-Appellee, Cross-Appellant, v. Harry N. WALTERS, in his official capacity as Administrator of the Veterans Administration, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1985.

Attorney(s) appearing for the Case

John W. Gill, Jr., U.S. Atty., Jimmie Baxter, J. Michael Haynes, Knoxville, Tenn., Anthony J. Steinmeyer, John S. Koppel (argued), U.S. Dept. of Justice, Washington, D.C., for defendant-appellant, cross-appellee.

Thomas H. Dickenson, Knoxville, Tenn., Peggy Hooker (argued), Pittsburgh, Pa., for plaintiff-appellee, cross-appellant.

Before KEITH and MARTIN, Circuit Judges, and BROWN, Senior Circuit Judge.

KEITH, Circuit Judge.

This is an appeal by Harry N. Walters, in his official capacity as the Administrator of the Veterans Administration, from a decision of the United States District Court for the Eastern District of Tennessee. The issue presented is whether a V.A. regulation, 38 C.F.R. § 3.301(c)(2),1 which equates primary alcoholism with "willful misconduct" was rendered ineffective by...

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