Legal Opinion
Durr v. Nicholson
Court of Appeals for the Federal Circuit
Decided March 11, 2005No. 2004-7099PublishedCited by 48 opinions
1Opinion of the Court
DYK, Circuit Judge.
Luther N. Durr (“Durr”) appeals from the decision of the Court of Appeals for Veterans Claims (“Veterans’ Court”), which dismissed his appeal for failure to file a timely notice of appeal. Durr v. Principi 17 Vet.App. 486 (2004). Because we find that the Veterans’ Court misconstrued the notice of appeal requirements of Rule 3 of the Rules of Practice and Procedure of the Court of Appeals for Veterans Claims, we reverse and remand for further proceedings.
BACKGROUND
In 1997, the Department of Veterans Affairs (“VA”) denied Durr’s claims for cervical spine disorder and…
2Cases cited21 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Hughes v. RoweSupreme Court of the United States · 1980
- Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Smith v. BarrySupreme Court of the United States · 1992
16 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Garcia v. Department of Homeland SecurityCourt of Appeals for the Federal Circuit · 2006
- Daimlerchrysler Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2006
- Arthur D. Roebuck v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2006
- Robert v. Posey v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2010
- William E. McCreary v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
43 more not listed; retrieve them via the Exa API.