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BAILEY v. WEST

No. 98-7001.

160 F.3d 1360 (1998)

Harold E. BAILEY, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

November 9, 1998.

Attorney(s) appearing for the Case

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

Rodger D. Citron, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for respondent-appellee. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Anthony H. Anikeeff, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and David J. Barrans, Staff Attorney.

Before MAYER, Chief Judge, RICH, NEWMAN, MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, and GAJARSA, Circuit Judges.

Opinion for the court filed by Chief Judge MAYER, in which Circuit Judges RICH, NEWMAN, PLAGER, CLEVENGER and GAJARSA join. Opinion concurring in result filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge BRYSON, in which Circuit Judges LOURIE, RADER and SCHALL join.

MAYER, Chief Judge.

Harold E. Bailey appeals the judgment of the United States Court of Veterans Appeals dismissing his appeal for lack of jurisdiction.

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