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HELFER v. WEST

No. 98-7077.

174 F.3d 1332 (1999)

Stephen L. HELFER, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 5, 1999.

Attorney(s) appearing for the Case

Michael E. Wildhaber, The Law Office of Wildhaber & Associates, Washington, D.C., argued for claimant-appellant. With him on the brief was Daniel D. Wedemeyer.

Michael D. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., argued for respondent-appellee. With him on the brief were David M. Cohen, Director, and Anthony H. Anikeeff, Assistant Director. Also on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Martin J. Sendek, Staff Attorney, Office of the General Counsel, Department of Veterans Affairs, Washington, D.C.

Kenneth M. Carpenter, Carpenter, Chartered, Topeka, Kansas, for amicus National Organization of Veterans' Advocates.

Before LOURIE, SCHALL, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

This is an appeal from a decision of the Court of Veterans Appeals (now the Court of Appeals for Veterans Claims), denying the appellant's application for legal fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412. We reject the appellant's constitutional and statutory arguments over which we have jurisdiction, and we therefore affirm the decision of Court of Veterans Appeals.

I

Appellant Stephen L...

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