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PADGETT v. NICHOLSON

No. 2006-7037.

473 F.3d 1364 (2007)

Barney O. PADGETT, Claimant, and Sue Padgett, Movant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 5, 2007.

Attorney(s) appearing for the Case

Donald H. Smith, Sidley Austin LLP, of Washington, DC, argued for movant-appellant. With him on the brief was Barton F. Stichman, National Veterans Legal Services Program, of Washington, DC.

Martin F. Hockey, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director. Of counsel on the brief were Michael J. Timinski, Assistant General Counsel and Martin J. Sendek, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before NEWMAN, MAYER, and LINN, Circuit Judges.

MAYER, Circuit Judge.

Barney O. Padgett ("Padgett") is a World War II veteran who died after his appeal of the Board of Veterans' Appeals' denial of his claim for service-connected disability benefits was submitted for decision to the United States Court of Appeals for Veterans Claims, but before the opinion issued. Sue Padgett ("Mrs.Padgett"), his widow, appeals the judgment of the Veterans Court, which withdrew its opinion, and denied her motion to be substituted...

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