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

Nos. 06-15179, 06-16164.

494 F.3d 846 (2007)

Beverly NEHMER; Claude Washington; Linda Wagenmakers; Robert Fazio; George Claxton; Julio Gonzales; Paul R. Jensen; William Madden; David Maier; Bruce Miller; Vietnam Veterans of America, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellant. Beverly Nehmer; Claude Washington; Linda Wagenmakers; Robert Fazio; George Claxton; Julio Gonzales; Paul R. Jensen; William Madden; David Maier; Bruce Miller; Vietnam Veterans of America, Plaintiffs-Appellees, v. United States Department of Veterans Affairs, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2007.

Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General, William Kanter, Attorney, and John S. Koppel (argued), Attorney, Civil Division, United States Department of Justice, Washington, DC, for the defendant-appellant.

Kevin V. Ryan, United States Attorney, San Francisco, CA, for the defendant-appellant.

Barton F. Stichman (argued), National Veterans Legal Services Program, Washington, DC, for the plaintiffs-appellees.

Linda S. Peterson and Laboni A. Hoq, Sidley Austin LLP, Los Angeles, CA, for the plaintiffs-appellees.

Before: STEPHEN REINHARDT, JOHN T. NOONAN, and MILAN D. SMITH, JR., Circuit Judges.

REINHARDT, Circuit Judge:

This case involves our government's treatment of its veterans who contracted serious ailments as a result of their exposure to Agent Orange in the course of the military's use of that toxic chemical as a defoliant during the Vietnam war. It is a disturbing story, and the performance of the United States Department of Veterans Affairs (VA) has contributed substantially to our sense of national shame.1

The...

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