Loabe v. Principi

98 F. App'x 880

• Court: Court of Appeals for the Federal Circuit
• Decided: May 6, 2004
• Docket: No. 03-7136
• Status: Published

Opinion

SCHALL, Circuit Judge.

ORDER

Richard L. Loabe moves to dismiss the Secretary of Veterans Affairs’ appeal or, in the alternative, to establish a briefing schedule. The Secretary opposes and moves to vacate the Court of Appeals for Veterans Claims’ decision in Loabe v. Principi, 01-2015 (February 6, 2003), and have the case remanded for further proceedings consistent with this court’s decision in Conway v. Principi, 353 F.3d 1369 (Fed.Cir.2004).

* Loabe replies.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Loabe’s motion to dismiss is denied.

(2) Loabe’s alternative motion to establish a briefing schedule is denied.

(2) The Secretary’s motion to vacate and remand is granted.

Before filing the motion to vacate and remand, the Secretary sought a continuance of the stay, which Loabe opposed. The motion to continue the stay is granted.