Mason v. Shinseki

Full title: MARIELLA B. MASON (SUBSTITUTED FOR KENNETH B. MASON), Claimant-Appellant…

Court: United States Court of Appeals for the Federal Circuit

Date published: Jan 28, 2013

496 F. App'x 86 (Fed. Cir. 2013)

Opinion

2012-7042

01-28-2013

MARIELLA B. MASON (SUBSTITUTED FOR KENNETH B. MASON), Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee, AND FREDERICK TRAWICK, Intervenor.

KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant. JAMES SWEET, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent- appellee. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and LARA EILHARDT, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was KEN LEE, United States Department of Veterans Affairs, of Washington, DC MICHAEL J. NARDOTTI, JR., Patton Boggs LLP, of Washington, DC, argued for Intervenor. With him on the brief were MICHAEL J. SCHAENGOLD and ELIZABETH M. GILL.

PER CURIAM

NOTE: This disposition is nonprecedential.

Appeal from the United States Court of Appeals for Veterans Claims in case no. 08-2969, Judge Mary J. Schoelen.

JUDGMENT

KENNETH M. CARPENTER, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

JAMES SWEET, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent- appellee. With him on the brief were STUART F. DELERY, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and MARTIN F. HOCKEY, JR., Assistant Director. Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy Assistant General Counsel, and LARA EILHARDT, Staff Attorney, United States Department of Veterans Affairs, of Washington, DC. Of counsel was KEN LEE, United States Department of Veterans Affairs, of Washington, DC

MICHAEL J. NARDOTTI, JR., Patton Boggs LLP, of Washington, DC, argued for Intervenor. With him on the brief were MICHAEL J. SCHAENGOLD and ELIZABETH M. GILL. THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS ORDERED AND ADJUDGED:

PER CURIAM (NEWMAN, SCHALL, and WALLACH, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

ENTERED BY ORDER OF THE COURT

_____________

Jan Horbaly

Clerk