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GRIFFIN v. SECRETARY OF VETERANS AFFAIRS

Nos. 01-7026, 01-7038.

288 F.3d 1309 (2002)

Patrick J. GRIFFIN, III, and Gregory S. Clemmer, Petitioners, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

April 30, 2002.

Attorney(s) appearing for the Case

Michael F. Wright, Case, Knowlson, Jordan & Wright, of Los Angeles, CA, argued for petitioners.

Armando O. Bonilla, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel; and Martin J. Sendek, Staff Attorney, Department of Veterans Affairs, of Washington, DC.

Before CLEVENGER, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

CLEVENGER, Circuit Judge.

Petitioners bring a constitutional challenge to the validity of 38 C.F.R. § 1.218(a)(14) under the jurisdiction of this court to review rulemaking by the Department of Veterans Affairs. Section 1.218(a)(14) governs the conduct of visitors on property under the charge and control of the Department of Veterans Affairs, including national cemeteries administered by the National Cemetery Administration. Petitioners charge that the regulation...

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