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BLOCK v. SECRETARY OF VETERANS AFFAIRS

No. 2010-7045.

641 F.3d 1313 (2011)

Winthrop J. BLOCK, Patrick M. Burns, Brenda Iwasyk, David M. Jacobs and Verborie W. Shaw, Petitioners, v. SECRETARY OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

April 14, 2011.

Attorney(s) appearing for the Case

Stanley J. Panikowski, III , DLA Piper, LLP, of San Diego, CA, argued for petitioners. Of counsel on the brief were Richard V. Spataro, Jr. and Barton F. Stichman , National Veterans Legal Services Program, of Washington, DC.

Todd M. Hughes , Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director. Of counsel on the brief were David J. Barrans , Deputy Assistant General Counsel, and Rachael T. Shenkman , Attorney, of United States Department of Veterans Affairs, of Washington, DC.

Before LOURIE, BRYSON, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

This is an unusual case involving an effort to obtain judicial review of a Veterans' Administration publication that was issued in 1978, before this court was created, and has not been in effect since 1985. The publication concerned the processing of claims filed by veterans who were seeking to establish service connection for certain diseases that they claimed to have developed as a result of exposure to defoliants during their service in Vietnam...

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