United States Federal Circuit

A petition for review is dismissed for lack of jurisdiction because an opinion of the General Counsel of the Department of Veterans Affairs was not a "rule" under 5 U.S.C. section 552(a)(1)(D).

Appellate Information

• Decided 10/17/2002
• Published 10/17/2002

Judges

• FRIEDMAN, Senior Circuit Judge., Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael P. Horan, Paralyzed Veterans of America, argued for petitioner.   With him on the brief was Morgain M. Sprague.


• For Appellees:
  
• Lawrence N. Minch, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director;  and Robert E. Kirschman, Assistant Director.   Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel;  and David J. Barrans, Attorney, Department of Veterans Affairs, of Washington, DC.