NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MARIELLA B. MASON
(SUBSTITUTED FOR KENNETH B. MASON),
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee,
AND
FREDERICK TRAWICK,
Intervenor.
______________________
2012-7042
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in case no. 08-2969, Judge Mary J.
Schoelen.
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JUDGMENT
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KENNETH M. CARPENTER, Carpenter, Chartered, of
Topeka, Kansas, argued for claimant-appellant.
JAMES SWEET, 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 STUART F. DELERY,
Acting Assistant Attorney General, JEANNE E. DAVIDSON,
Director, and MARTIN F. HOCKEY, JR., Assistant Director.
Of counsel on the brief were MICHAEL J. TIMINSKI, Deputy
Assistant General Counsel, and LARA EILHARDT, Staff
Attorney, United States Department of Veterans Affairs,
of Washington, DC. Of counsel was KEN LEE, United
States Department of Veterans Affairs, of Washington,
DC
MICHAEL J. NARDOTTI, JR., Patton Boggs LLP, of
Washington, DC, argued for Intervenor. With him on the
brief were MICHAEL J. SCHAENGOLD and ELIZABETH M.
GILL.
______________________
THIS CAUSE HAVING BEEN HEARD AND CONSIDERED, IT IS
ORDERED AND ADJUDGED:
PER CURIAM (NEWMAN, SCHALL, and WALLACH, Circuit
Judges).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
January 28, 2013 /s/ Jan Horbaly
Date Jan Horbaly
Clerk