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PROCOPIO v. SECRETARY OF VETERANS AFFAIRS

2019-2184.

943 F.3d 1376 (2019)

Alfred PROCOPIO, Jr., Johnnie Harper, Michael Yates, Michael Kvintus, Blue Water Navy Vietnam Veterans Association, Military-Veterans Advocacy, Petitioners, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

Decided: December 5, 2019.

Attorney(s) appearing for the Case

John B. Wells , Law Office of John B. Wells, Slidell, LA, argued for petitioners.

Eric Peter Bruskin , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represented by Joseph H. Hunt , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Brian D. Griffin , Brandon A. Jonas , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Stanley Joseph Panikowski, III , DLA Piper LLP (US), San Diego, CA, for amicus curiae Association of the United States Navy. Also represented by Amy Walters , East Palo Alto, CA.

Brian Keith Lewis , Francis White Law, PLLC, Woodbury, MN, for amicus curiae Federal Bar Association Veterans & Military Law Section.

Before Newman, Moore, and Chen, Circuit Judges.

Alfred Procopio, Jr., Johnnie Harper, Michael Yates, Michael Kvintus, Blue Water Navy Vietnam Veterans Association, Inc., and Military-Veterans Advocacy, Inc. (collectively, Petitioners) filed a petition for expedited review pursuant to 38 U.S.C. § 502 challenging the authority of the Secretary of Veterans Affairs to stay...

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