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VIETNAM VETERANS OF AMERICA v. SHINSEKI

No. 09-5260.

599 F.3d 654 (2010)

VIETNAM VETERANS OF AMERICA and Veterans of Modern Warfare, Appellants v. Eric K. SHINSEKI, in his Official Capacity as Secretary of the Department of Veterans Affairs, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 19, 2010.

Attorney(s) appearing for the Case

Robert E. Cattanach argued the cause for appellants. With him on the briefs were Frederick G. Jauss IV and Creighton R. Magid.

Charles W. Scarborough, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was William G. Kanter, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, and Ronald J. Wiltsie II, Attorney, entered appearances.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Appellants are two veterans associations appealing the district court's dismissal of their suit alleging that the Department of Veterans Affairs violated the APA and the Constitution (due process clause) because of the average time it takes the VA to process veterans' claims. The district court held that it lacked jurisdiction and we agree, although for somewhat different reasons.

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