SMITH V. DEPT. OF VETERANS AFFAIRS , No. 12-7084 (Fed. Cir. 2012)

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Case: 12-7084 Document: 27 Page: 1 Filed: 12/04/2012 NOTE: This order is nonprecedential. Wniteb ~tate~ ~ourt of ~peaI~ for tbe jfeberaI ~ircuit DANIEL R. SMITH, Claimant-Appellant, v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. 2012-7084 Appeal from the United States Court of Appeals for Veterans Claims in 08-1959, Judge Robert N. Davis. ON MOTION ORDER The Secretary of Veterans Affairs moves without opposition for extensions of time, until November 29, 2012, to file his response brief. Daniel R. Smith moves to voluntarily withdraw his appeal due to settlement. Upon consideration thereof, IT Is ORDERED THAT: Case: 12-7084 Document: 27 Page: 2 Filed: 12/04/2012 DANIEL SMITH v. SHINSEKI 2 (1) The motion to withdraw the appeal is granted. The appeal is dismissed. (2) All other pending motions are moot. (2) Each side shall bear its own costs. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s21 DEC 04 2012 Issued As A Mandate: ---=-.;;-------

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