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TRAYNOR v. WALTERS

No. 422, Docket 85-6208.

791 F.2d 226 (1986)

Eugene TRAYNOR, Plaintiff-Appellee, v. Harry W. WALTERS, Administrator of the Veterans Administration, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 16, 1986.

Attorney(s) appearing for the Case

Beverly Sherman Nash, Asst. U.S. Atty. for S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty. for S.D.N.Y., Jane E. Booth, Asst. U.S. Atty. for S.D.N.Y., of counsel), for defendants-appellants.

Catherine Hart O'Neill, New York City (Margaret K. Brooks, Legal Action Center of the City of New York, Inc., New York City, of counsel), for plaintiff-appellee.

Before TIMBERS, KEARSE, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Defendants, the Veterans' Administration ("VA") and the VA administrator, raise two questions on appeal: (1) Did the district court have jurisdiction to review the VA's denial of plaintiff Traynor's claim for extension of his period of eligibility for veterans' educational benefits? (2) Does VA regulation 38 C.F.R. § 3.301(c)(2), which, as interpreted and applied by the VA, treats primary alcoholism as "willful misconduct" barring...

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