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125 F. App'x 998

Potter v. Nicholson

U.S. Courts of Appeals

Decided March 15, 2005

U.S. Courts of Appeals · decided 2005-03-15

Relies on Halpern v. Principi

Decided 2005-03-15

¶1ORDER

MAYER, Circuit Judge.

¶2Marshall 0. Potter, Jr. moves to vacate the Court of Appeals for Veterans Claims’ decision in Potter v. Principi, 00-128(E) (Vet.App. Sep. 2, 2003), and to remand for further proceedings consistent with this court’s decision in Halpern v. Principi, 384 F.3d 1297 (Fed.Cir.2004). In the alternative, Potter moves to lift the stay and set a briefing schedule in this appeal. The Secretary of Veterans Affairs has not responded.

¶3Upon consideration thereof,

¶4IT IS ORDERED THAT:

¶5(1) The motion to vacate and remand is granted.

¶6(2) The alternative motion to lift the stay is moot.

¶7(3) Each side shall bear its own costs.

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