U.S. Court of Appeals for the Federal Circuit, 2009

Nordwall ex rel. Tori v. Secretary of Health & Human Services

U.S. Court of Appeals for the Federal Circuit · Decided March 5, 2009 · Bryson, Dyk, Newman

331 F. App'x 720

Opinion of the Court

ON MOTION

ORDER

DYK, Circuit Judge.

Appellants move for reconsideration of the court’s order dismissing their appeal for failure to prosecute, and move to voluntarily dismiss the appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion for reconsideration is granted. The mandate is recalled, the December 31, 2008 dismissal order is vacated, and the appeal is reinstated.

*721(2) The motion to voluntarily dismiss the appeal is granted.

(3) Each side shall bear its own costs.

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