Tully v. Department of Justice

212 F. App'x 970

Procedural entryThis page is a short order in Tully v. Department of Justice. Read the opinion of the Court — 481 F.3d 1367 →

Court of Appeals for the Federal Circuit·Decided December 6, 2006·No. No. 2007-3004·Published

Opinion

ORDER

It has been determined that the underlying cause of this action is an USERRA action. Pursuant to statute 38 U.S.C. 4323(h)(1), the filing fee is waived in an USERRA action. As such,

IT IS ORDERED THAT:

(1) The order of dismissal issued November 1, 2006 is vacated, the mandate recalled, and the notice of appeal is reinstated.

(2) Respondent should compute the due date for filing its brief from the date of filing of this order.

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ORDER

It has been determined that the underlying cause of this action is an USERRA action. Pursuant to statute 38 U.S.C. 4323(h)(1), the filing fee is waived in an USERRA action. As such,

IT IS ORDERED THAT:

(1) The order of dismissal issued November 1, 2006 is vacated, the mandate recalled, and the notice of appeal is reinstated.

(2) Respondent should compute the due date for filing its brief from the date of filing of this order.

Tully v. Department of Justice, 212 F. App'x 970 (Fed. Cir. 2006).

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