United States Sixth Circuit

Summary judgment for defendant, Veterans Administration (VA), in a suit brought by a physician who was transferred to a VA facility without notice and an opportunity to respond, as required by statute and regulations, is vacated where judicial review of the matter was preclude in the first instance by the Veterans' Benefits Act.

Appellate Information

• Decided 03/07/2006
• Published 03/07/2006

Judges

• Before:  DAUGHTREY, MOORE, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Riyaz A. Kanji, Kanji & Katzen, Ann Arbor, Michigan, for Appellant.  Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.   ON BRIEF:  Riyaz A. Kanji, Jennifer B. Salvatore, Kanji & Katzen, Ann Arbor, Michigan, Arthur Oleinick, Ann Arbor, Michigan, for Appellant.  Kathleen Moro Nesi, Assistant United States Attorney, Detroit, Michigan, for Appellee.