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PREMINGER v. SECRETARY OF VETERANS AFFAIRS

No. 2007-7008.

517 F.3d 1299 (2008)

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

United States Court of Appeals, Federal Circuit.

February 25, 2008.

Attorney(s) appearing for the Case

Scott J. Rafferty, of Washington, DC, argued and filed a combined petition for rehearing and rehearing en banc for petitioner.

Jane W. Vanneman, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued and filed a response to the petition for respondent. With her on the brief and response were Jeffrey S. Bucholtz, Acting Assistant Attorney General, and Jeanne E. Davidson, Director.

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

ORDER ON PETITION FOR REHEARING

ORDER

Steven Preminger has petitioned for rehearing of the court's August 17, 2007 decision in Preminger v. Secretary of Veterans Affairs, 498 F.3d 1265 (Fed Cir. 2007). In that decision, we rejected Mr. Preminger's facial challenge to the constitutional validity of 38 C.F.R. § 1.218(a)(14), a Department of Veterans Affairs ("VA") regulation that prohibits visitors to...

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