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CODY v. COX

No. 06-5253.

509 F.3d 606 (2007)

Martin CODY, et al., Appellants v. Timothy C. COX, Chief Operating Officer, Armed Forces Retirement Home, and Robert M. Gates, Secretary of Defense, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 2007.

Attorney(s) appearing for the Case

David H. Bamberger argued the cause for appellants. With him on the briefs was J. David Folds.

Brian C. Baldrate, Special Assistant United States Attorney, argued the cause for appellees. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Steven M. Ranieri, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and SENTELLE and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

Concurring opinion filed by Chief Judge GINSBURG.

BROWN, Circuit Judge:

Plaintiffs are elderly veterans who seek to force the Armed Forces Retirement Home to provide "high quality" health care, as required by 24 U.S.C. § 413(b). The district court dismissed their case as moot, relying on new amendments to section 413. We reverse and hold the case is not moot and subsection 413(b) is not committed...

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