SMITH V DVA, No. 08-7122 (Fed. Cir. 2009)

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2008-7122 CHARLES SMITH, Claimant-Appellant, v. ERIC K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee. Appeal from the United States Court of Appeals for Veterans Claims in 06-0348, Judge Alan G. Lance, Sr. ON MOTION ORDER Upon consideration of the appellant's unopposed motion to voluntarily dismiss his appeal, IT IS ORDERED THAT: The motion is granted. Each side shall bear its own costs. FOR THE COURT MAY - 8 2009 /s/ Jan Horbaly Jan Horbaly Clerk Date cc: Kenneth M. Carpenter, Esq. Scott D. Austin, Esq. s8 ISSUED AS A MANDATE: MAY - 8 2009 umildistri MAY F 8 2009 JAN HORbita CLERK

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