EASTERN PARALYZED VET. v. SECY. OF VETERANS

No. 00-7036

257 F.3d 1352 (2001)

Eastern Paralyzed Veterans Association, Inc., William Hannigan, and Louis Dupilka, Petitioners, v. Secretary of Veterans Affairs, Respondent,

United States Court of Appeals, Federal Circuit.

Decided July 19, 2001


Attorney(s) appearing for the Case

Richard M. Zuckerman, Rubin Baum Levin Constant & Friedman, of New York, New York, argued for petitioners. With him on the brief was Jacob Inwald. Of counsel on the brief were James J. Weisman, and Kleo J. King, Eastern Paralyzed Veterans Association, Ltd., of Jackson Heights, New York.

Opher Shweiki, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David M. Cohen, Director; and Deborah A. Bynum, Assistant Director.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.


Opinion for the court filed by Senior Circuit Judge FRIEDMAN, in which Circuit Judge RADER joins. Concurring opinion filed by Circuit Judge GAJARSA.

FRIEDMAN, Senior Circuit Judge.

A veterans association and individual veterans challenge regulations of the Department of Veterans Affairs (Department), 38 C.F.R. §§ 17.34-17.38, that implement the Veterans' Health Care Eligibility Reform Act of 1996(Act), Pub.L. 104-262, § 104, codified at 38 U...

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