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Type
Opinion of the Court
Author
Richard Linn
Filed
April 24, 2002
Case
In re MacPhee
Case status
Decided

Opening text

The first passage of the document, as extracted by the source provider.

ON PETITION FOR WRIT OF MANDAMUS LINN, Circuit Judge. ORDER Patrick D. MacPhee and William B. Hendrix petition for a writ of mandamus to direct the United States Court of Appeals for Veterans Claims to vacate its orders denying their motions to compel the Secretary of Veterans Affairs to provide them with a complete copy of their claims files, as the files existed on the date of the Board of Veterans’ Appeals decision, without charge. In both these cases, the claimants requested and received copies of their claims files without charge while the cases were proceeding before the agency. Later, when the cases were on appeal before the Court of Appeals for Veterans Claims, claimants again requested the claims files. The Secretary of Veterans Affairs provided updated copies of the files without charge, that is, it provided the files that had been compiled after the first submission. MacPhee and Hendrix each asked the Court of Appeals for Veterans Claims to compel the Secretary to provide a complete copy of the claims files without charge. The Secretary responded, arguing that he had complied with the pertinent statute, regulation, and rule of the Court of Appeals for Veterans Claims and…

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