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Ulmet v. United States

filed: October 31, 1989.

OLIVER DONOVAN ULMET, PLAINTIFF - APPELLANT
v.
UNITED STATES OF AMERICA; JOHN O. MARSH, JR., IN HIS CAPACITY AS SECRETARY OF THE ARMY, DEFENDANTS - APPELLEES



Original Opinion reported at,.

Author: Butzner

BUTZNER, JR., Senior Circuit Judge

Order

Upon consideration of the position for rehearing filed by Oliver Donovan Ulmet on September 22, 1989,

IT IS ADJUDGED AND ORDERED:

1. The petition for rehearing is granted;

2. The opinion of September 11, 1989, vacating the order of the district court and dismissing the case as moot is withdrawn;

3. An opinion affirming the district court in which Judge Butzner and Judge Tilley concur and a dissenting opinion of Judge Murnaghan are filed simultaneously with this order.

Entered with the concurrence of Judge Murnaghan and Judge Tilley.

19891031

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