United States Federal Circuit

Dismissal of a Vietnam War veteran's petition for a writ of mandamus and denial of his former fiduciary's motion to be substituted as the petitioner in his posthumous claim for admittedly past-due benefits are affirmed where the veteran's entitlement to compensation died with him, and consequently, the fiduciary lacked standing for his claim.

Appellate Information

• Decided 01/30/2007
• Published 01/30/2007

Judges

• LOURIE, Circuit Judge., Before LOURIE, SCHALL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

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


• For Appellees:
  
• Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Donald E. Kinner, Assistant Director.