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CARPENTER v. SECRETARY OF VETERANS AFFAIRS

No. 02-7395.

343 F.3d 1347 (2003)

CARPENTER, CHARTERED, Petitioner, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: September 11, 2003.

Attorney(s) appearing for the Case

Alan M. Grayson, Grayson, Kubli & Hoffman, P.C., of McLean, Virginia, argued for petitioner. On the brief were Ira E. Hoffman, and James A. McMillan.

Kyle E. Chadwick, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. On the brief were David M. Cohen, Director; Franklin E. White, Jr., Assistant Director; and William C. Peachey, Trial Attorney. Of counsel on the brief was Michael J. Timinski, Staff Attorney, Department of Veterans Affairs, of Washington, DC.

Jeffrey Wood, of York, Pennsylvania, for amicus curiae National Organization of Veterans' Advocates.

Before RADER, BRYSON, and GAJARSA, Circuit Judges.

BRYSON, Circuit Judge.

Since the Civil War era, Congress has limited the fees attorneys may charge for representing persons who apply for veterans' benefits. See Act of July 14, 1862, §§ 6-7, 12 Stat. 566, 568. Those limitations were originally implemented "to protect the veteran from extortion or improvident bargains with unscrupulous lawyers" who overcharged for work that consisted mainly of filing uncomplicated forms for pension benefits on behalf...

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