Legal Opinion

Margaret R. Russell v. Eric K. Shinseki

United States Court of Appeals for Veterans Claims

Decided August 11, 2011No. 10-3282Published

1Opinion of the Court

ORDER

2Per curiam

On May 3, 2011, the Clerk of Court granted the parties’ joint motion for remand (JMR). See U.S. Vet.App. R. 45(g)(2) (delegating authority to the Clerk to act on JMRs). On May 24, the appellant filed motions (1) to recall the order and mandate, and (2) for reconsideration of the order and, in the alternative, for a panel decision. In support of both motions, the appellant argues that her ability to enforce the terms of the JMR is affected adversely because the Court’s May 3 order does not expressly incorporate those terms.

The Court’s Rules of Practice and Procedure (Rules) do not…

3Cases cited7 opinions

  1. Cheney v. United States District Court for District of ColumbiaSupreme Court of the United States · 2004
  2. Stegall v. WestUnited States Court of Appeals for Veterans Claims · 1998
  3. Dyment v. WestUnited States Court of Appeals for Veterans Claims · 1999
  4. Mark W. Breeden v. Anthony J. PrincipiUnited States Court of Appeals for Veterans Claims · 2004
  5. Cleary v. BrownUnited States Court of Appeals for Veterans Claims · 1995

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