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HARGROVE v. SHINSEKI

No. 2010-7043.

629 F.3d 1377 (2011)

Leland A. HARGROVE, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 6, 2011.

Attorney(s) appearing for the Case

Leland A. Hargrove , of Silver Spring, FL, pro se.

David D'Alessandris , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Amanda R. Blackmon , Attorney, United States Veterans Affairs, of Washington, DC.

Dissenting opinion filed by Circuit Judge NEWMAN.

MOORE, Circuit Judge.

Mr. Leland Hargrove appeals the denial of his petition for a writ of mandamus by the Veterans Court. Hargrove v. Shinseki, No. 09-2657, slip op., 2009 WL 3493019 (C.A.V.C. Oct. 27, 2009). No other issue is properly before us. Because Mr. Hargrove had not exhausted his administrative remedies before filing his petition—indeed, he still had time to appeal through the administrative process when the court issued its denial—the...

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