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WHITE v. NICHOLSON

Civil Action No. 79-1426 (JR).

541 F.Supp.2d 87 (2008)

William WHITE, et al., Plaintiffs, v. R. James NICHOLSON, Secretary of Veterans Affairs, Defendant.

United States District Court, District of Columbia.

March 28, 2008.

Attorney(s) appearing for the Case

Barton Frank Stichman, National Veterans Legal Services Program, Eric Ritland Sonnenschein, Covington & Burling, Washington, DC, for Plaintiffs.

Robert J. Katerberg, U.S. Department of Justice, Washington, DC, for Defendant.

MEMORANDUM

JAMES ROBERTSON, District Judge.

This case, pending in this Court since 1979, concerns an Agent Orange Program Guide that was issued by the Veteran's Administration in 1978 and remained in effect until 1985. Plaintiffs' contention is that the VA adopted the AOPG in violation of the notice and comment requirements of the Administrative Procedure Act, 5 U.S.C. § 553, and the publication requirement of the Freedom of Information Act,...

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