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COX v. WEST

No. 98-7002.

149 F.3d 1360 (1998)

Hugh D. COX, Petitioner-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

July 16, 1998.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for petitioner-appellant.

John S. Groat, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of 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. Of counsel on the brief was Martin J. Sendek, Attorney, Office of General Counsel, Department of Veterans Affairs, of Washington, DC. Of counsel was Donald E. Zeglin, Attorney, Department of Veterans Affairs.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and RADER, Circuit Judge.

LOURIE, Circuit Judge.

Hugh D. Cox appeals from the decision of the United States Court of Veterans Appeals denying his petition for a writ of mandamus. In re Fee Agreement of Cox, No. 95-1068, 10 Vet.App. 361 (1997). Cox sought a writ compelling the Board of Veterans' Appeals to issue a final decision on his claim for attorneys' fees. The court declined to issue the writ after determining that Cox had an alternative remedy that obviated the need for such extraordinary...

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