Oliver Donovan ULMET, Plaintiff-Appellant, v. UNITED STATES of America; John O. Marsh, Jr., in his capacity as Secretary of the Army, Defendants-Appellees, 888 F.2d 1027

ORDER Upon consideration of the petition 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 The opinion of September 11, 1989, vacating the order of the district court and dismissing the case as moot is withdrawn; 3.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 Circuit Judge BUTZNER and District Judge TILLEY concur and a dissenting opinion of Circuit Judge MUR-NAGHAN are filed simultaneously with this order. Entered with the concurrence of Circuit Judge MURNAGHAN and District Judge TILLEY.