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FUGERE v. DERWINSKI

No. 91-7058.

972 F.2d 331 (1992)

Oscar G. FUGERE, Petitioner-Appellee, v. Edward J. DERWINSKI, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

Suggestion for Rehearing Declined October 27, 1992.

Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, Washington, D.C., argued for petitioner-appellee. With him on the brief was John J. Corcoran. Also on the brief was Joseph C. Zengerle, Bingham, Dana & Gould, of counsel.

Sheryl L. Floyd, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent-appellant. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief were Pamela L. Wood and Constance Tobias, Dept. of Veterans Affairs, of counsel.

Before RICH, MICHEL, and LOURIE, Circuit Judges.

Suggestion for Rehearing In Banc Declined October 27, 1992.

MICHEL, Circuit Judge.

The Secretary of Veterans Affairs appeals the decision of the Court of Veterans Appeals setting aside the Secretary's recision of ¶ 50.13(b) of the Veterans Administration (currently the Department of Veterans Affairs) (VA) Adjudication Procedure Manual, M21-1, as being unlawful. Fugere v. Derwinski, 1 Vet.App. 103 (1990). The Court of Veterans Appeals determined...

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