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AYES v. U.S. DEPT. OF VETERANS AFFAIRS

No. 05-2263.

473 F.3d 104 (2006)

Taylor AYES; William P. Cutshall; Frank A. Ribar; Edward C. Smith; James F. Martin; William C. Terrio, Plaintiffs-Appellants, v. U.S. DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 27, 2006.

Attorney(s) appearing for the Case

ARGUED: Trawick Hamilton Stubbs, Jr., Stubbs & Perdue, P.A., Raleigh, North Carolina, for Appellants. Neal Irving Fowler, Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Laurie B. Biggs, Stubbs & Perdue, P.A., Raleigh, North Carolina, for Appellants. Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILKINSON, NIEMEYER, and WILLIAMS, Circuit Judges.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge WILKINSON and Judge NIEMEYER joined.

OPINION

WILLIAMS, Circuit Judge:

Taylor Ayes, William P. Cutshall, Frank A. Ribar, Edward C. Smith, James F. Martin, and William C. Terrio (collectively "Appellants") filed a class action complaint against the U.S. Department of Veterans Affairs (VA) on behalf of themselves and a putative class of veterans. The complaint alleged that...

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