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132 F. App'x 844

Baumgarten v. Nicholson

U.S. Courts of Appeals

Decided May 17, 2005

U.S. Courts of Appeals · decided 2005-05-17

Relies on Wilson v. Principi

Decided 2005-05-17

¶1ORDER

PROST, Circuit Judge.

¶2Thomas E. Baumgarten moves to vacate the orders of the Court of Appeals for Veterans Claims in case 00-161 and to remand for further proceedings consistent with Wilson v. Principi, 391 F.3d 1203 (Fed.Cir.2004). The Secretary opposes. Baumgarten replies.

¶3Baumgarten appeals a series of orders that granted-in-part and denied-in-part Baumgarten’s applications for attorney fees. One of the issues is the compensation rate for a non-attorney representative. Our decision in Wilsonaddressed that issue. Thus, vacatur and remand are appropriate.

¶4Accordingly,

¶5IT IS ORDERED THAT:

¶6(1) The motions to vacate and remand are granted.

¶7(2) Each side shall bear its own costs.

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