Clinton Knox, Jr., Petitioner, v. the United States, Respondent, 52 F.3d 344 (Fed. Cir. 1995)

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U.S. Court of Appeals for the Federal Circuit - 52 F.3d 344 (Fed. Cir. 1995) March 31, 1995

ON MOTION

CLEVENGER, Circuit Judge.

ORDER

Clinton Knox, Jr. moves for reconsideration of the court's January 11, 1995 order dismissing his petition for review for failure to file a brief.

Knox recently retained counsel who states that Knox was unaware of his brief due date. Counsel also states that he has "contacted the Merit Systems Protection Board seeking to obtain the hearing testimony."* 

Accordingly,

IT IS ORDERED THAT:

(1) Knox's motion is granted; the dismissal order is vacated; the mandate is recalled; and the petition for review is reinstated.

(2) Knox's brief is due within 60 days of date of filing of this order.

 *

We remind counsel that any reference to hearing testimony in his brief must be to a transcript not the hearing tapes

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