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VETERANS FOR COMMON SENSE v. SHINSEKI

No. 08-16728.

663 F.3d 1033 (2011)

VETERANS FOR COMMON SENSE, a District of Columbia nonprofit organization; Veterans United for Truth, Inc., a California nonprofit organization, representing their members and a class of all veterans similarly situated, Plaintiffs-Appellants, v. Eric K. SHINSEKI, Secretary of Veterans Affairs; United States Department of Veterans Affairs; James P. Terry, Chairman, Board of Veterans' Appeals; Michael Walcoff, Acting Under Secretary, Veterans Benefits Administration; Bradley G. Mayes, Director, Compensation and Pension Service; Robert A. Petzel, M.D., Under Secretary, Veterans Health Administration; Pritz K. Navara, Veterans Service Center Manager, Oakland Regional Office, Department of Veterans Affairs; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

November 16, 2011.

Attorney(s) appearing for the Case

Gordon P. Erspamer, Esquire , Senior Counsel, Arturo Jorge Gonzalez, Esquire , Ryan George Hassanein , Natalie Naugle , Counsel, Stacey Michelle Sprenkel, I , Morrison & Foerster LLP, San Francisco, CA, Deanne Maynard , Counsel, Morrison & Foerster LLP, Washington, DC, Sidney M. Wolinsky, Esquire , Ronald Elsberry , Disability Rights Advocates, Berkeley, CA, for Plaintiffs-Appellants.

Daniel E. Bensing, Esquire , Kyle R. Freeny, Esquire , William Kanter, Esquire , Charles W. Scarborough, Esquire , James J. Schwartz, Esquire , Ronald J. Wiltsie, II , DOJ-U.S. Department of Justice, Washington, DC, for Defendants-Appellees.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judge W. FLETCHER did not participate in the deliberations or vote...

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