United States Federal Circuit

Where a party-s argument is explicitly negated by the very statute the party relies on in support of its argument, the appeal is illogical and unreasonable, and therefore, sanctionable as a frivolous appeal under Fed. R. App. P. 38.

Appellate Information

• Decided 01/26/2001
• Published 01/29/2001

Judges

• MICHEL, Circuit Judge., Before MICHEL, RADER, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, Kansas, argued for claimants-appellants., On the brief were David W. Ogden, Assistant Attorney General;  David M. Cohen, Director;  Harold D. Lester, Jr., Assistant Director;  and John J. Field, Attorney.   Of counsel on the brief were Richard J. Hipolit and Martin J. Sendek, Department of Veterans Affairs, of Washington, DC.


• For Appellees:
  
• Christian J. Moran, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.