Oliver Donovan Ulmet v. United States of America John O. Marsh, Jr., in His Capacity as Secretary of the Army

888 F.2d 1027

Oliver Donovan ULMET, Plaintiff-Appellant,
v.
UNITED STATES of America; John O. Marsh, Jr., in his
capacity as Secretary of the Army, Defendants-Appellees.

No. 88-2593.

United States Court of Appeals,
Fourth Circuit.

Oct. 31, 1989.

ORDER

1

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

IT IS ADJUDGED AND ORDERED:

2

1. The petition for rehearing is granted;

3

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 The opinion of September 11, 1989, vacating the order of the district court and dismissing the case as moot is withdrawn;

4

3. An opinion affirming the district court in which Circuit Judge BUTZNER and District Judge TILLEY concur and a dissenting opinion of Circuit Judge MURNAGHAN are filed simultaneously with this order.

5

Entered with the concurrence of Circuit Judge MURNAGHAN and District Judge TILLEY.