60 F.3d 839
NOTICE: Federal Circuit Local Rule 47.6(b) states that opinions and orders which are designated as not citable as precedent shall not be employed or cited as precedent. This does not preclude assertion of issues of claim preclusion, issue preclusion, judicial estoppel, law of the case or the like based on a decision of the Court rendered in a nonprecedential opinion or order.
David KUO, Claimant-Appellant,
v.
Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee.
No. 94-7037.
United States Court of Appeals, Federal Circuit.
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.