Oliver Donovan Ulmet v. United States of America John O. Marsh, Jr., in His Capacity as Secretary of the Army

U.S. Court of Appeals for the Fourth Circuit October 31, 1989

Oliver Donovan Ulmet v. United States of America John O. Marsh, Jr., in His Capacity as Secretary of the Army, 888 F.2d 1027 (4th Cir. 1989)

1989 U.S. App. LEXIS 16882; 1989 WL 134790

Opinion

ORDER

Upon consideration of the petition for rehearing filed by Oliver Donovan Ulmet on September 22, 1989,

IT IS ADJUDGED AND ORDERED:

1. The petition for rehearing is granted;

2. The opinion of September 11, 1989, vacating the order of the district court and dismissing the case as moot is withdrawn;

3. An opinion affirming the district court in which Circuit Judge BUTZNER and District Judge TILLEY concur and a dissenting opinion of Circuit Judge MUR- *1028 NAGHAN are filed simultaneously with this order.

Entered with the concurrence of Circuit Judge MURNAGHAN and District Judge TILLEY.

Reference

Full Case Name: Oliver Donovan ULMET, Plaintiff-Appellant, v. UNITED STATES of America; John O. Marsh, Jr., in His Capacity as Secretary of the Army, Defendants-Appellees
Status: Published