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PREMINGER v. SECRETARY OF VETERANS AFFAIRS

No. 2007-7008.

498 F.3d 1265 (2007)

Steven PREMINGER, Petitioner, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

August 17, 2007.

Attorney(s) appearing for the Case

Scott J. Rafferty, of Washington, DC, argued for petitioner.

Jane W. Vanneman, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, and Jeanne E. Davidson, Director.

Before LOURIE, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and SCHALL, Circuit Judge.

SCHALL, Circuit Judge.

Petitioner Steven Preminger brings a constitutional challenge to the validity of 38 C.F.R. § 1.218(a)(14), a regulation promulgated by the Department of Veterans Affairs ("VA").1 He does so pursuant to 38 U.S.C. § 502, which gives this court authority to review rulemaking by the VA.

Section 1.218(a)(14) governs the conduct of visitors on property under the charge and control of the VA. Among other...

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