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

Baumgarten v. Nicholson

Baumgarten v. Nicholson
U.S. Court of Appeals for the Federal Circuit · Decided May 17, 2005 · Prost
132 F. App'x 844

Baumgarten v. Nicholson

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.

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