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PARALYZED VETERANS OF AMERICA v. WEST

No. 97-7038.

138 F.3d 1434 (1998)

PARALYZED VETERANS OF AMERICA, Petitioner, v. Togo D. WEST, Jr., Acting Secretary Of Veterans Affairs, Respondent.

United States Court of Appeals, Federal Circuit.

March 12, 1998.

Attorney(s) appearing for the Case

Michael P. Horan, Associate Gen. Counsel, Paralyzed Veterans of America, Washington, DC, argued, for petitioner.

Ronald G. Morgan, Attorney, Commercial Litigation Branch, U.S. Department of Justice, Washington, DC, argued, for respondent. 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 Thomas O. Gessel, Director, Office of Regulations Management, Office of General Counsel, Department of Veterans Affairs, Washington, DC.

Before RICH, NEWMAN, and RADER, Circuit Judges.

RADER, Circuit Judge.

Paralyzed Veterans of America, Inc. (PVA) charges that the Department of Veterans Affairs repealed a regulation without advance notice and an opportunity for public comment. Upon review of the Department's action, this court upholds as proper the repeal.

I

On March 4, 1995, the President of the United States instructed federal agencies to eliminate obsolete or unnecessary material from the Code of Federal Regulations. Pursuant...

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