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CARTER v. DERWINSKI

No. 91-35530.

987 F.2d 611 (1993)

Dale L. CARTER; David A. Johnson; Fred Emery; James R. Straw, on behalf of all in the State of Idaho similarly situated, Plaintiffs-Appellees, v. Edward J. DERWINSKI, Secretary of the Department of Veterans Affairs, or his successor, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1993.

Attorney(s) appearing for the Case

Malcolm L. Stewart, U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

David A. Leen, Leen & Moore, Seattle, Washington, Margaretta Eakin, Portland, OR, for plaintiffs-appellees.

Before: HUG, FLETCHER, FARRIS, D.W. NELSON, BEEZER, BRUNETTI, KOZINSKI, NOONAN, THOMPSON, LEAVY and TROTT, Circuit Judges.

Argued and Submitted En Banc September 24, 1992*.

KOZINSKI, Circuit Judge:

We took this case en banc to consider whether Whitehead v. Derwinski, 904 F.2d 1362 (9th Cir.1990), should remain the law of the circuit.

Background

In recognition of the debt we owe the men and women who have served in our country's armed forces in time of conflict, the Department of Veteran's Affairs...

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