Case, Incorporated, Plaintiff-appellant, v. the United States, Defendant-appellee, 47 F.3d 1179 (Fed. Cir. 1994)

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U.S. Court of Appeals for the Federal Circuit - 47 F.3d 1179 (Fed. Cir. 1994)

Dec. 2, 1994

Fed. Cl.


Before PLAGER, Circuit Judge.



Case, Incorporated moves (1) for reconsideration of the Court's October 17, 1994 order dismissing appeal nos. 94-5140, 94-5141 for failure to file briefs and (2) to stay those appeals pending this court's decision in no. 94-5127. Case states that the United States opposes.

We conclude that counsel's errors in failing to timely seek a stay of these appeals pending this court's decision in a related case, appeal no. 94-5127, do not justify a denial of reconsideration of the dismissal order. Cf. Julien v. Zeringue, 864 F.2d 1572, 1574 (Fed. Cir. 1989) (failure to follow court's rules may justify dismissal of an appeal). However, counsel is admonished to ensure his future compliance with this court's rules. Finally, permitting reinstatement of these two appeals does not add to the government's burden in this court, as the government is already briefing the issues in the related case, appeal no. 94-5127.

Upon consideration thereof,


(1) Case's motions for reconsideration are granted. The October 17, 1994 dismissal orders are vacated, the mandates recalled, and the appeals reinstated.

(2) Case's motions to stay the briefing schedules are granted. Case is directed to notify this court within 21 days of this court's decision in no. 94-5127.

(3) Appeal nos. 94-5140 and 94-5141 are consolidated.