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98 F. App'x 879

Hackett v. Principi

U.S. Courts of Appeals

Decided May 6, 2004

U.S. Courts of Appeals · decided 2004-05-06

Relies on Conway v. Principi

Decided 2004-05-06

SCHALL, Circuit Judge.

¶1 ORDER

¶2The Secretary of Veterans Affairs moves to vacate the Court of Appeals for Veterans Claims’ decision in Hackett v. Principi, 02-0080 (January 8, 2003), and have the case remanded for further proceedings consistent with this court’s decision in Conway v. Principi, 353 F.3d 1369 (Fed. Cir.2004).* Edward Hackett, Jr. opposes and moves to dismiss the Secretary’s appeal. The Secretary replies and opposes.

¶3Upon consideration thereof,

¶4IT IS ORDERED THAT:

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

¶6(2) Hackett’s motion to dismiss is denied.

¶7 Before filing the motion to vacate and remand, the Secretary sought a continuances of the stay. The motion to continue the stay is granted.

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