FISHER V US, No. 08-5094 (Fed. Cir. 2009)

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2008-5094 FRANK E. FISHER, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. Appeal from the United States Court of Federal Claims In 00-CV-740, Senior Judge Eric G. Bruggink. ON MOTION Before LINN, Circuit Judge. ORDER Frank E. Fisher moves for leave to file a corrected opening brief with substantive changes in the corrected brief. We note that Fishers corrected brief contains the deficiencies that his original brief contained. * Thus, although we allow Fisher to include the substantive changes in a corrected brief, Fisher must file another corrected opening brief within 14 days that corrects the deficiencies. Accordingly, IT IS ORDERED THAT: The motion is granted. Fisher must file a corrected opening brief within 14 days of the date of filing of this order. ¢ The brief does not use the entire official caption, Fisher must submit an original and 12 copies, the brief does not contain citations to the pages of the joint appendix, and all text (including footnotes) must be in 14-point or larger type. (3) The United States should calculate its brief due date from the date of service of the corrected opening brief. FOR THE COURT MAY -12009 cc: /s/ Jan Horbalv Jan Horbaly Clerk Date Edward A. Zimmerman, Esq. Douglas K. Mickle, Esq. MAY -1 MOO s20 .11114 riORKALY CLERK 2008-5094 -2-

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