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BARRERA v. GOBER

Nos. 95-7045, 95-7057.

122 F.3d 1030 (1997)

Jesus A. BARRERA, Claimant-Appellant, and Peter F. Johnson, Claimant-Appellant, v. Hershel W. GOBER, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 8, 1997.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, Topeka, KS, argued for claimant-appellant Jesus A. Barrera. Of counsel were Richard Showalter and Kelly C. Brown.

Michael E. Wildhaber, Wildhaber & Associates, Washington, DC, argued for claimant-appellant Peter F. Johnson. With him on the brief were Rachel A. Putterman. Of counsel were William F. Russo and Mary J. Schoelen, Veterans of America, Inc.

John C. Erickson, III, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for respondent-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director.

Before PLAGER, CLEVENGER, and RADER, Circuit Judges.

Opinion for the court filed by Circuit Judge CLEVENGER. Concurring opinion filed by Circuit Judge PLAGER.

CLEVENGER, Circuit Judge.

Jesus A. Barrera and Peter F. Johnson appeal from the orders of the Court of Veterans Appeals dismissing for want of jurisdiction their appeals to that court. See Barrera v. Brown, No. 90-1496, 1995 WL 57790 (Vet. App. Feb. 3, 1995); Johnson v. Brown, No. 94-1108, 1995 WL 285389 (Vet.App. May 4, 1995). For the reasons...

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