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NATIONAL ASS'N OF RADIATION SURVIVORS v. DERWINSKI

No. 92-15988.

994 F.2d 583 (1993)

NATIONAL ASSOCIATION OF RADIATION SURVIVORS, et al., Plaintiffs-Appellees, v. Edward J. DERWINSKI, Secretary of the Department of Veterans Affairs, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 24, 1992.

As Amended on Denial of Rehearing and Rehearing June 18, 1993.

Attorney(s) appearing for the Case

Lowell V. Sturgill Jr., Dept. of Justice, Washington, DC, for defendants/appellants.

Gordon P. Erspamer, Morrison & Foerster, and Matthew L. Larrabee, Heller, Ehrman, White & McAuliffe, San Francisco, CA, for plaintiffs/appellees.

Before: CHOY, ALARCON and HALL, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc June 18, 1993.

CHOY, Circuit Judge:

A class of individuals with claims for Veterans' Administration ("VA") benefits based on exposure to ionizing radiation during service ("IR claimants/plaintiffs") challenges the constitutionality of a statute that limits to $10 the amount a claimant can pay an attorney representing him in pursuit of VA benefits. The United States District Court for the Northern District...

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