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CLEMMONS v. WEST

No. 99-7107.

206 F.3d 1401 (2000)

Earl CLEMMONS, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied May 2, 2000

Attorney(s) appearing for the Case

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

Franklin E. White, Jr., Attorney, Department of Justice, of Washington, D.C., argued for respondent-appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, and Robert E. Kirschman, Jr., Assistant Director. Also on the brief were Richard J. Hipolit, Acting Assistant General Counsel, and Martin J. Sendek, Staff Attorney, Department of Veterans Affairs, of Washington, D.C.

Before MAYER, Chief Judge, PLAGER and RADER, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 2, 2000

MAYER, Chief Judge.

Earl Clemmons appeals the judgment of the Court of Appeals for Veterans Claims, Docket No. 97-2138, denying his application for reasonable attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1994). See Clemmons v. West, 12 Vet.App. 245 (Vet. App.1999). Because we lack jurisdiction over his appeal, we dismiss.

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