ERNEST ELLIS, SR. v. SHINSEKI , No. 13-7028 (Fed. Cir. 2013)

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NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ERNEST R. ELLIS, SR., Claimant-Appellant, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. ______________________ 2013-7028 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 11-0012, Judge William A. Moorman. ______________________ JUDGMENT ______________________ PETER J. SEBEKOS, of Niagara Falls, New York, argued for claimant-appellant. TARA K. HOGAN, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondentappellee. With her 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 DAVID J. BARRANS, Deputy Assistant General Counsel, and MARTIE ADELMAN, Attorney, Office of the General Counsel, United States Department of Veterans Affairs, of Washington, DC. ______________________ THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (PROST, O MALLEY, and TARANTO, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36. ENTERED BY ORDER OF THE COURT August 26, 2013 Date /s/ Daniel E. O Toole Daniel E. O Toole Clerk

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