United States Federal Circuit

No implied-in-fact contract arose between an attorney and the Department of Veterans Affairs, so that the attorney could not recover his fees, which should have been paid directly to him from his client's past-due benefit award, but were not.

Appellate Information

• Decided 01/06/2003
• Published 01/06/2003

Judges

• Before MICHEL, Circuit Judge, PLAGER, Senior Circuit Judge, and LOURIE, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter,Carpenter, Chartered, of Topeka, KS, argued for Plaintiff-Appellant.


• For Appellees:
  
• Mark L. Josephs, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for Defendant-Appellee.   With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General, and David M. Cohen, Director.   Of counsel on the brief was Martin J. Sendek, Office of General Counsel, Department of Veterans Affairs, of Washington, DC.