International Transducer Corporation, Plaintiff-appellant, v. the United States, Defendant-appellee, 52 F.3d 342 (Fed. Cir. 1994)

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U.S. Court of Appeals for the Federal Circuit - 52 F.3d 342 (Fed. Cir. 1994)

Aug. 26, 1994

Before LOURIE, Circuit Judge.



LOURIE, Circuit Judge.

International Transducer Corporation (ITC) moves for reconsideration of the court's July 28, 1994 order dismissing its appeal for failure to file a brief. The United States does not oppose.

ITC states that it did not receive the court's docketing packet and that it was unaware of the due date for its brief. Additionally, ITC states that it twice called the Clerk's Office to inquire about the status of its appeal.

Upon consideration thereof,


(1) The motion for reconsideration is granted. The dismissal order is vacated, the mandate is recalled, and the appeal is reinstated.

(2) ITC's brief is due within 28 days of the date of filing of this order.