Legal Opinion

Hugh D. Cox v. Togo D. West, Jr., Secretary of Veterans Affairs

Court of Appeals for the Federal Circuit

Decided July 16, 1998No. 98-7002PublishedCited by 158 opinions

1Opinion of the Court

LOURIE, Circuit Judge.

Hugh D. Cox appeals from the decision of the United States Court of Veterans Appeals denying his petition for a writ of mandamus. In re Fee Agreement of Cox, No. 95-1068, 10 Vet.App. 361 (1997). Cox sought a writ compelling the Board of Veterans’ Appeals to issue a final decision on his claim for attorneys’ fees. The court declined to issue the writ after determining that Cox had an alternative remedy that obviated the need for such extraordinary relief. Because it now appears that Cox has pursued the alternative remedy to no avail, we vacate and remand for…

2Cases cited10 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  3. Freytag v. CommissionerSupreme Court of the United States · 1991
  4. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  5. Pennsylvania Bureau of Correction v. United States Marshals ServiceSupreme Court of the United States · 1985

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3Cited by158 opinions

  1. United States v. ChoiDistrict Court, District of Columbia · 2011
  2. In RE LEROY RICHARDS, AppellantCourt of Appeals for the Third Circuit · 2000
  3. Marsh v. WestUnited States Court of Appeals for Veterans Claims · 1998
  4. Carl v. Lamb, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2002
  5. William M. Hanlin v. United StatesCourt of Appeals for the Federal Circuit · 2000

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