U.S. Court of Appeals for the Federal Circuit, 2004

Hackett v. Principi

U.S. Court of Appeals for the Federal Circuit · Decided May 6, 2004 · Gajarsa, Prost, Schall

98 F. App'x 879

Opinion of the Court

SCHALL, Circuit Judge.

ORDER

The 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.

Upon consideration thereof,

IT IS ORDERED THAT:

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

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

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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