UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
Decided: January 31, 1994.
TERRENCE L. ADKINS, PLAINTIFF-APPELLANT,
THE UNITED STATES, DEFENDANT-APPELLEE.
Before SCHALL, Circuit Judge.
Terrence Adkins moves for reconsideration of this court's January 7, 1994 order dismissing Adkins' appeal for failure to pay the docketing fee, and proffers the fee. The United States opposes. Adkins moves to strike the opposition as untimely. The United States opposes.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion for reconsideration is granted. The court's January 7, 1994 order is vacated, the January 7, 1994 mandate is recalled, and the appeal is reinstated. Pursuant to Fed. Cir. R. 52, the docketing fee should be paid "to the clerk of the trial court." Therefore, we are returning Adkins' check. Adkins should submit the docketing fee to the Clerk of the Court of Federal Claims.
(2) Adkins' motion to strike is denied.
JAN 31 1994
Alvin A. Schall
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