DISABLED AMERICAN VETERANS v. U.S. D.V.A.

No. 1367, Docket 92-6043.

962 F.2d 136 (1992)

DISABLED AMERICAN VETERANS, et al., Appellees, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Appellants.

United States Court of Appeals, Second Circuit.

Decided March 19, 1992.

Opinion Filed April 13, 1992.


Attorney(s) appearing for the Case

Diogenes P. Kekatos, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., and Gabriel W. Gorenstein, Asst. U.S. Atty., on the brief), for appellant U.S. Dept. of Veterans Affairs.

Joseph C. Zengerle, Washington, D.C. (Stephanie B. Lindquist, and Bingham, Dana & Gould, Washington, D.C.; Joanne D'Alcomo, and Bingham, Dana & Gould, Boston, Mass.; David C. Singer, and Dorsey & Whitney, New York City, on the brief), for appellees Disabled American Veterans, et al.

Ronald S. Hamburg, Arlington, Va., submitted a brief, for amici curiae National Alliance for the Mentally Ill, et al.

Before: TIMBERS, MESKILL, and PRATT, Circuit Judges.


TIMBERS, Circuit Judge:

Appellant United States Department of Veterans Affairs (VA) appeals from an order entered February 3, 1992 in the Southern District of New York, Shirley Wohl Kram, District Judge, 783 F.Supp. 187, granting a motion by appellees Disabled American Veterans, et al. (Veterans) for a preliminary injunction preliminarily enjoining the VA from applying or enforcing Section 8001 of the Omnibus Budget Reconciliation...

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