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GONZALES v. U.S.

No. 01-5046.

275 F.3d 1340 (2001)

Juan Oliva GONZALES, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: December 7, 2001.

Attorney(s) appearing for the Case

Emeterio G. Roa, III, of Arlington, Virginia, argued for plaintiff-appellant.

Elizabeth G. Candler, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; and James M. Kinsella, Deputy Director.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

This case involves the inter-relationship between two federal statutes relating to benefits for persons who served in the armed forces of the Philippines Commonwealth during World War II. The first statute, enacted in 1946, provides that such service is not service in the United States Armed Forces for purposes of statutory rights and benefits for such service. 38 U.S.C. § 107(a). The second statute, enacted in 1998, provides for...

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