Baumgarten v. Nicholson

U.S. Court of Appeals for the Federal Circuit May 17, 2005

Baumgarten v. Nicholson, 132 F. App'x 844 (Fed. Cir. 2005)

Opinion of the Court

ORDER

PROST, Circuit Judge.

Thomas 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.

Baumgarten 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 Wilson addressed that issue. Thus, vacatur and remand are appropriate.

Accordingly,

IT IS ORDERED THAT:

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

(2) Each side shall bear its own costs.

Reference

Full Case Name: Thomas E. BAUMGARTEN, Claimant-Appellant v. R. James NICHOLSON, Secretary of Veterans Affairs
Status: Published