Potter v. Nicholson

125 F. App'x 998

Opinion

ORDER

MAYER, Circuit Judge.

Marshall 0. Potter, Jr. moves to vacate the Court of Appeals for Veterans Claims’ decision in Potter v. Principi, 00-128(E) (Vet.App. Sep. 2, 2003), and to remand for further proceedings consistent with this court’s decision in Halpern v. Principi, 384 F.3d 1297 (Fed.Cir.2004). In the alternative, Potter moves to lift the stay and set a briefing schedule in this appeal. The Secretary of Veterans Affairs has not responded.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion to vacate and remand is granted.

(2) The alternative motion to lift the stay is moot.

(3) Each side shall bear its own costs.