Carter v. Derwinski

987 F.2d 611 61 USLW 2562 Dale L. CARTER; David A. Johnson; Fred Emery; James R. Straw, on behalf of all in the State of Idaho similarly situated, Plaintiffs-Appellees, v. Edward J. DERWINSKI, Secretary of the Department of Veterans Affairs, or his successor, Defendant-Appellant. No. 91-35530. United States Court of Appeals, Ninth Circuit. Argued and Submitted En Banc Sept. 24, 1992 * . Decided March 4, 1993. Malcolm L. Stewart, U.S. Dept. of Justice, Washington, DC, for defendant-appellant. David A. Leen, Leen & Moore, Seattle, Washington, Margaretta Eakin, Portland, OR, for plaintiffs-appellees. Appeal from the United States District Court for the District of Idaho. Before: HUG, FLETCHER, FARRIS, D.W. NELSON, BEEZER, BRUNETTI, KOZINSKI, NOONAN, THOMPSON, LEAVY and TROTT, Circuit Judges. KOZINSKI, Circuit Judge: 1 We took this case en banc to consider whether Whitehead v. Derwinski, 904 F.2d 1362 (9th Cir.1990), should remain the law of the circuit. Background 2 In recognition of the debt we owe the men and women who have served in our country's armed forces in time of conflict, the Department of Veteran's Affairs ("VA") offers them home loan guarantees on terms substantially…