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PREMINGER v. SECRETARY OF VETERANS AFFAIRS

No. 2009-7044.

632 F.3d 1345 (2011)

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

United States Court of Appeals, Federal Circuit.

January 26, 2011.

Attorney(s) appearing for the Case

Scott J. Rafferty , Attorney at Law, of Washington, DC, argued for petitioner.

Jane W. Vanneman , Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Todd M. Hughes , Deputy Director.

Concurring opinion filed by Circuit Judge PLAGER.

PER CURIAM.

By law this court has authority to review directly certain specified actions, when challenged, of the Secretary of Veterans Affairs. 38 U.S.C. § 502. Pursuant to the statute, Steven Preminger seeks review by the court of the Secretary's denial of his petition for rulemaking. Such petitions to the Secretary are authorized by 5 U.S.C. § 553(e). As part of his case, Mr. Preminger also challenges the validity...

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