Patrick A. FLAYTER, Claimant-Appellee, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellant, 35 F. App'x 882

ORDER The Secretary of Veterans Affairs moves without opposition to withdraw his appeal pursuant to the Solicitor General’s decision not to file a petition for a writ of certiorari in Allen v. Principi 237 F.3d 1368 (Fed. Cir.2001), involving issues similar to those presented in this appeal. Upon consideration thereof, IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.