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FERGUSON v. PRINCIPI

No. 01-7012.

273 F.3d 1072 (2001)

William R. FERGUSON, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

December 4, 2001.

Attorney(s) appearing for the Case

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

William L. Olsen, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Kathryn A. Bleecker, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Y. Ken Lee, Attorney, Department of Veterans Affairs, of Washington, DC.

Before MICHEL, RADER and SCHALL, Circuit Judges.

MICHEL, Circuit Judge.

William Ferguson appeals the September 15, 2000, decision of the United States Court of Appeals for Veterans Claims, No. 98-637, affirming the Board of Veterans' Appeals ("Board") decision which denied his claim and holding that 38 U.S.C. § 5107(b) did not apply because the Board correctly found that the probative evidence against Mr. Ferguson's claim outweighed the probative evidence supporting the claim. Section 5107(b) applies only if...

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