NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
LEROY B. MACKLEM,
Claimant-Appellee,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellant.
____________________
2011-7034
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 08-1409, Judge Alan G. Lance, Sr.
______________________
JUDGMENT
______________________
DREW C. ENSIGN, Latham & Watkins, LLP, of
Washington, DC, argued for the claimant-appellee. With
him on the brief were LORI ALVINO MCGILL and
CHRISTOPHER K. GRIECO. Of counsel on the brief was
MICHAEL R. VITERNA, Law Office of Michael R. Viterna, of
Belleville, Michigan.
TARA K. HOGAN, Trial Attorney, Commercial
Litigation Branch, Civil Division, United States
Department of Justice, of Washington, DC, argued for
respondent-appellant. With her on the brief were TONY
WEST, Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and TODD M. HUGHES, Deputy Director. Of
counsel on the brief were DAVID R. MCLENACHEN, Deputy
Assistant General Counsel and MARTIE S. ADELMAN,
Attorney, United States Department of Veteran Affairs, of
Washington, DC.
______________________
THIS CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
PER CURIAM (RADER, Chief Judge, NEWMAN and
O’MALLEY, Circuit Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
January 11, 2012 /s/ Jan Horbaly
Date Jan Horbaly
Clerk