Baumgarten v. Nicholson

Federal Circuit

Baumgarten v. Nicholson

132 F. App'x 844

CourtCourt of Appeals for the Federal Circuit

DecidedMay 17, 2005

DocketNo. 04-7151

StatusPublished

This text of 132 F. App'x 844 (Baumgarten v. Nicholson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

Opinion

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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