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MATTER OF WICK

No. 94-7017.

40 F.3d 367 (1994)

In the Matter of the Fee Agreement of Bruce Tyler WICK. Bruce Tyler WICK, Movant-Appellee, v. Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellant.

United States Court of Appeals, Federal Circuit.

November 7, 1994.

Attorney(s) appearing for the Case

Bruce Tyler Wick, argued Pro Se. Keith D. Snyder, Westlake, OH, argued for movant-appellee.

John S. Groat, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for respondent-appellant. With him on the brief were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director. Of counsel were Donald E. Zeglin and Martin Sendek, Dept. of Veterans Affairs.

William G. Smith, Vice-President, Nat. Organization of Veterans Advocates, Los Angeles, CA, was on the brief for amicus curiae, Nat. Organization of Veterans Advocates.

Before MAYER, MICHEL, and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

The Secretary of Veterans Affairs ("Secretary") appeals from the September 3, 1993 decision of the United States Court of Veterans Appeals directing the Secretary to pay Bruce Tyler Wick the attorney fee specified in a fee agreement between Wick and his client. In re Wick, No. 91-1412 (reported as In re Smith, 4 Vet.App. 487), reh'g en banc denied, 5 Vet.App. 307 (1993). Because the court lacked subject matter jurisdiction...

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