Joseph F. Fugo, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 42 F.3d 1408 (Fed. Cir. 1994)

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U.S. Court of Appeals for the Federal Circuit - 42 F.3d 1408 (Fed. Cir. 1994)

Nov. 16, 1994

Before PLAGER, Circuit Judge.



PLAGER, Circuit Judge.

Joseph F. Fugo moves for voluntary dismissal without prejudice to reinstatement if certain events occur.*  Fugo states that the Secretary of Veterans Affairs opposes.

Upon consideration thereof,


(1) Fugo's motion for voluntary dismissal is granted.

(2) Each side shall bear its own costs.


Specifically, Fugo would like the option of seeking reinstatement if Congress enacts certain legislation or in the event that certiorari is sought and granted in Smith v. Brown, No. 93-7043 (Fed. Cir. Aug. 12, 1994). However, it is the practice of this court to grant motions for voluntary dismissal without expressly directing that they are dismissed with or without prejudice to reinstatement