SMITH v. BROWN

Attorney(s) appearing for the Case

William D. Mallard, Jr., Mallard & Minor, Atlanta, GA, argued, for claimant-appellee.

Jeri Kaylene Somers, Attorney, Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued, for respondent-appellant. With her on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief were Donald E. Zeglin and Nicole Sideris, Dept. of Veterans Affairs, Washington, DC, of counsel.

Gershon M. Ratner and Roberta L. Valente, Nat. Veterans Legal Services Project, Washington, DC, were on the brief, for amicus curiae, The American Legion.

Before RICH, MICHEL, and CLEVENGER, Circuit Judges.