Jody L. Nordwall, as trustee for the next of kin of MATEO TORI, deceased v. Secretary of Health and Human Services

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-5004
JODY L. NORDWALL, as trustee for the
next of kin of MATEO TORI, deceased,
Petitioners-Appellants,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Respondent-Appellee.
Appeal from the United States Court of Federal Claims in 05-W-123, Judge Victor J.
Wolski.
ON MOTION
Before NEWMAN, BRYSON, and DYK, Circuit Judges.
DYK, Circuit Judge.
ORDER
Appellants move for reconsideration of the court's order dismissing their appeal
for failure to prosecute, and move to voluntarily dismiss the appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
The motion for reconsideration is granted. The mandate is recalled, the
December 31, 2008 dismissal order is vacated, and the appeal is reinstated.
The motion to voluntarily dismiss the appeal is granted.

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(3) Each side shall bear its own costs.
FOR THE COURT
MAR 0 5 2009 /s/ Jan Horbaly
Date Jan Horbaly
Clerk FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
cc: John F. Mchugh, Esq.
Michael P. Milmoe, Esq. MAR 0 5 2009
s20 JAN riONMLY
ISSUED AS A MANDATE: MAR 0 5 2009 CLERK
2009-5004 2

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