U.S. Court of Appeals for the Ninth Circuit, 1974

Hernandez v. Veterans' Administration

Hernandez v. Veterans' Administration
U.S. Court of Appeals for the Ninth Circuit · Decided April 22, 1974
494 F.2d 1350 (Federal Reporter, Second Series)

Hernandez v. Veterans' Administration

Opinion of the Court

PER CURIAM:

On remand from the Supreme Court, 415 U.S. 391, 94 S.Ct. 1177, 39 L.Ed.2d 412 (1974), the judgment below is affirmed for the reasons stated in Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974). Hernandez v. Veterans’ Administration, 467 F.2d 479 (9th Cir. 1972), insofar as it reads 38 U.S.C. § 211(a) as precluding judicial review when sought on constitutional grounds, is overruled.

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