Oliver Donovan Ulmet, Plaintiff-appellant, v. United States of America; John O. Marsh, Jr., in Hiscapacity As Secretary of the Army, Defendants-appellees, 888 F.2d 1027 (4th Cir. 1989)

ORDER

Upon consideration of the petition for rehearing filed by Oliver Donovan Ulmet on September 22, 1989,

IT IS ADJUDGED AND ORDERED:

1. The petition for rehearing is granted;

2. The opinion of September 11, 1989, vacating the order of the district court and dismissing the case as moot is withdrawn;

3. An opinion affirming the district court in which Circuit Judge BUTZNER and District Judge TILLEY concur and a dissenting opinion of Circuit Judge MURNAGHAN are filed simultaneously with this order.

Entered with the concurrence of Circuit Judge MURNAGHAN and District Judge TILLEY.