
    Michael T. RUDD, Claimant-Appellee, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellant.
    No. 04-7078.
    United States Court of Appeals, Federal Circuit.
    June 3, 2004.
    Martin F. Hockey, Jr., Principal Attorney, Department of Justice, Washington, DC, for Respondent-Appellant.
    
      Richard Robert James, Principal Attorney, Richard Robert, Glen Allen, VA, for Claimant-Appellee.
    Michael T. Rudd, of Counsel, Lincoln, NE, pro se.
    Before NEWMAN, LOURIE, and CLEVENGER, Circuit Judges.
   LOURIE, Circuit Judge.

ORDER

Michael T. Rudd moves to dismiss the Secretary of Veterans Affairs’ appeal for failure to file a brief or “that the disposition below be affirmed summarily.” The Secretary moves to vacate the Court of Appeals for Veterans Claims’ decision in Rudd v. Principi, 02-0300 (November 14, 2003), and remand the case for further proceedings consistent with this court’s decision in Conway v. Principi, 353 F.3d 1369 (Fed.Cir.2004). Rudd opposes. The Secretary replies.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Rudd’s motion to dismiss is denied.

(2) Rudd’s alternative motion to summarily affirm is denied.

(3) The Secretary’s motion to vacate and remand the case is granted. 
      
       Initially, the Secretary moved to stay the proceedings in the above captioned appeal pending this court’s resolution of Yodice v. Principi, 04-7041, -7047. Rudd opposed. However, on April 23, 2004, the court vacated the Court of Appeals for Veterans Claims’ decision in Yodice and remanded the case for further proceedings consistent with this court’s decision in Conway. In recognition of this action, the Secretary subsequently filed the instant motion to vacate and remand. The motion to stay pending resolution of Yodice is moot.
     