SCHISM v. U.S.

No. 99-1402.

316 F.3d 1259 (2002)

William O. SCHISM and Robert Reinlie, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 18, 2002.


Attorney(s) appearing for the Case

George E. Day, Day and Meade, P.A., of Ft. Walton Beach, FL, argued for plaintiffs-appellants. With him on the brief was Timothy I. Meade. Of counsel was Henry M. Holzer, of Santa Fe, NM.

E. Roy Hawkens, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; and Barbara C. Biddle, Attorney.

John A. Dragseth, Fish & Richardson, P.C., P.A., of Minneapolis, MN, for amici curiae Disabled American Veterans, et al. With him on the brief was Richard J. Anderson.

Jonathan S. Williams, of Goldsboro, NC, for amicus curiae The Alliance of Retired Military, etc.

Before MAYER, Chief Judge, NEWMAN and MICHEL, Circuit Judges, PLAGER, Senior Circuit Judge, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.


Opinion for the court filed by Circuit Judge MICHEL, in which Circuit Judges LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, LINN, DYK, and PROST join.

Dissenting opinion filed by Chief Judge MAYER, in which Circuit Judge PAULINE NEWMAN, Senior Circuit Judge PLAGER, and Circuit Judge GAJARSA join.

Dissenting opinion filed by Senior Circuit Judge PLAGER.

MICHEL, Circuit Judge.

To induce people to join the armed services during the World War II and...

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