Durr v. Principi

U.S. Courts of Appeals

Decided June 2, 2003

U.S. Courts of Appeals · decided 2003-06-02

Cited by 1 later decisions — most recently March 2005

Relies on Jaquay v. Principi

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Decided 2003-06-02

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SCHALL, Circuit Judge.

¶1ORDER

¶2The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(f) and to remand this case to the Court of Appeals for Veterans Claims for further proceedings in light of our decision in Jaquay v. Principi, 304 F.3d 1276 (2002). The Secretary states that Luther N. Durr does not oppose.

¶3The Secretary notes that in this case the Court of Appeals for Veterans Claims relied in part on its previous decision in Jaquay. Because we subsequently reversed that court’s decision, the parties *885seek a remand so that the Court of Appeals for Veterans Claims can reconsider its decision in light of our decision.

¶4Upon consideration thereof,

¶5IT IS ORDERED THAT:

¶6(1) The Secretary’s motion to waive the requirements of Fed. Cir. R. 27(f) is granted.

¶7(2) The Secretary’s motion to remand is granted.