Hughley B. Spruill, Sr., D/b/a Spruill Realty/constructionco., Plaintiff-appellant, v. the United States, Defendant-appellee, 31 F.3d 1177 (Fed. Cir. 1994)

We treat the document submitted by Hughley B. Spruill, Sr., d/b/a Spruill Realty/Construction Co. (Spruill), entitled "Plaintiff-Appellant's Contentions of Fact and Law," as (1) a motion for reconsideration of the court's order dated May 2, 1994 dismissing Spruill's appeal for failure to file a brief, and (2) a motion for leave to file a non-conforming informal brief out of time.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Spruill's motion for reconsideration is granted, the court's May 2, 1994 order is vacated, the mandate is recalled, and the appeal is reinstated.

(2) Spruill's motion for leave to file a non-conforming informal brief out of time is granted. The document entitled "Plaintiff-Appellant's Contentions of Fact and Law" shall be filed as Spruill's informal brief.

(3) The United States should compute the due date for its brief from the date of filing of this order.