BAHNMILLER v. DERWINSKI

No. 90-1712.

923 F.2d 1085 (1991)

Michael T. BAHNMILLER; Richard W. Frye; the Vietnam Veterans of America, Inc., Plaintiffs-Appellants, v. Edwin J. DERWINSKI, Secretary of the Department of Veterans Affairs; U.S. Department of Veterans Affairs; United States of America, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 10, 1991.


Attorney(s) appearing for the Case

Bruce Sutherland Deming, Van Ness, Feldman & Curtis, P.C., Washington, D.C., argued (Barton F. Stichman, National Veterans Legal Services Project, Washington, D.C., and Richard Crouch, Arlington, Va., of counsel), for plaintiffs-appellants.

John Samuel Koppel, Civ.Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Civ. Div., U.S. Dept. of Justice, Washington, D.C., Henry E. Hudson, U.S. Atty., Alexandria, Va., Michael A. Leonard, Office of General Counsel, Dept. of Veterans Affairs, Washington, D.C., of counsel), for defendants-appellees.

Before CHAPMAN and WILKINSON, Circuit Judges, and JOE F. ANDERSON, Jr., District Judge for the District of South Carolina, sitting by designation.


JOE F. ANDERSON, Jr., District Judge:

Two veterans and a veterans' organization brought this action seeking a determination as to whether the attorneys' fee limitations of the present and former versions of 38 U.S.C.A. §§ 3404 and 3405 apply to administrative debt collection proceedings by the Department of Veterans Affairs ("DVA").1 The district court held that the statutes' restrictions...

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