United States DC Circuit

In suit brought by elderly veterans who seek to force the Armed Forces Retirement Home to provide "high quality" health care as required by law, dismissal of case as moot is reversed as the case is not moot and 24 U.S.C. section 413(b) is not committed to agency discretion by law.

Appellate Information

• Argued 10/12/2007
• Decided 12/14/2007
• Published 12/14/2007

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David H. Bamberger argued the cause for appellants.   With him on the briefs was J. David Folds.


• For Appellees:
  
• Brian C. Baldrate, Special Assistant United States Attorney, argued the cause for appellees.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Steven M. Ranieri, Assistant U.S. Attorney, entered an appearance.