David Kuo, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 60 F.3d 839 (Fed. Cir. 1994)

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US Court of Appeals for the Federal Circuit - 60 F.3d 839 (Fed. Cir. 1994) Aug. 16, 1994

6 Vet. App. 32 [VACATING 16 F.3d 421].

PETITION REINSTATED.

ON MOTION

ORDER

David Kuo moves for reconsideration of the court's January 21, 1994 order dismissing his petition for review for failure to pay the filing fee. The Secretary of Veterans Affairs does not oppose.

Kuo states that he recently was able to retain counsel and requests reinstatement so that he may pursue his case. Kuo attaches a check for the filing fee to his motion.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The motion is granted. The court's January 21, 1994 order is vacated, the mandate is recalled and the petition for review is reinstated.

(2) Kuo's brief is due within 30 days.

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