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NATIONAL ASS'N OF RADIATION SURVIVORS v. DERWINSKI

No. C-83-1861-MHP.

778 F.Supp. 1096 (1991)

NATIONAL ASSOCIATION OF RADIATION SURVIVORS, et al., Plaintiffs, v. Edward J. DERWINSKI, Secretary of Veterans Affairs, et al., Defendants.

United States District Court, N.D. California.

November 21, 1991.

Attorney(s) appearing for the Case

James J. Garrett, Gordon P. Erspamer, Michael F. Ram, Morrison & Foerster, Robert H. King, Jr., William C. Morison-Knox, Sonnenchein Carlin Nath & Rosenthal, San Francisco, Cal., for plaintiffs.

George C. Stoll, Asst. U.S. Atty., Civil Div., San Francisco, Cal., Theodore C. Hirt, Gena E. Cadieux, Dept. of Justice, Civil Div., Washington, D.C., Jack Nagan, Office of the Dist. Counsel of The V.A., San Francisco, Cal., Edward J. Luke, Deputy Asst. Gen. Counsel, Veterans Dept., Washington, D.C., Richard A. Hertling, Thomas H. Peebles, Dept. of Justice, Civil Div. Federal Programs Branch, Anne M. Gulyassy, Dept. of Justice, Civil Div., Washington, D.C., for defendants.

Robert L. Gnaizda, Public Advocates, Inc., San Francisco, Cal., for American G.I. Forum, intervenor.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PATEL, District Judge.

Plaintiffs have brought this action to challenge the constitutionality of 38 U.S.C. §§ 3404 and 3405, which limit the fee a veteran or veteran's survivor may pay to an attorney to assist him or her in prosecuting a claim before the Veterans Administration ("VA") to $10.00, and which impose criminal penalties on attorneys who accept fees in excess of the $10.00 limit. By order of June...

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