Hernandez v. Veterans' Administration

U.S. Court of Appeals for the Ninth Circuit
Hernandez v. Veterans' Administration, 494 F.2d 1350 (9th Cir. 1974)

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.

Reference

Full Case Name
Henry HERNANDEZ v. VETERANS' ADMINISTRATION, Peter MILLER and Gary Lehn v. VETERANS' ADMINISTRATION OF the UNITED STATES of America
Status
Published