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TOOMER v. McDONALD

No. 2014-7045.

783 F.3d 1229 (2015)

Harvest O. TOOMER, Claimant-Appellant v. Robert A. McDONALD, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 21, 2015.

Attorney(s) appearing for the Case

Ethan Lee, Fenwick & West, LLP, Mountain View, CA, argued for claimant-appellant. Also represented by Lawrence T. Kass, Milbank, Tweed, Hadley & McCloy, LLP, New York, N.Y.

Tara K. Hogan, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Loren Misha Preheim,   Stuart F. Delery,   Robert E. Kirschman, Jr.,   Martin F. Hockey, Jr.;   Christa A. Shriber,   Y. Ken Lee,   Christina Lynn Gregg, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Dissenting opinion filed by Circuit Judge REYNA.

Appellant Harvest O. Toomer appeals an order of the United States Court of Appeals for Veterans Claims ("Veterans Court") dismissing his appeal as untimely filed. See Toomer v. Shinseki, No. 09-4086, ___ Vet.App. ___, 2010 WL 1462478 (Vet.App. Sept. 6, 2010) (Appellant's App. ("App.") 1-5) (the "Order"); see also...

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