ON MOTION

ORDER

Sylvester Harding, III moves for summary judgment in this petition for review. The Department of Veterans Affairs opposes Harding’s motion.

Summary judgment is not appropriate in a court of appeals. Arguments concerning the merits of a case should be placed in the briefs.

Accordingly,

It Is Ordered That:

The motion is denied. Harding’s brief (form enclosed) is due within 30 days of the date of filing of this order.