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PENA v. SECRETARY, DEPT. OF VETERANS AFFAIRS

No. 91-7036.

944 F.2d 867 (1991)

Melitona M. PENA, Petitioner, v. SECRETARY, DEPARTMENT OF VETERANS AFFAIRS, Respondent.

United States Court of Appeals, Federal Circuit.

September 12, 1991.

Attorney(s) appearing for the Case

Melitona M. Pena, pro se.

Agnes M. Brown, David M. Cohen and James M. Kinsella, Dept. of Justice, Washington, D.C., submitted, for respondent.

Before ARCHER, MICHEL and RADER, Circuit Judges.

ON MOTION

ORDER

ARCHER, Circuit Judge.

The Secretary of the Department of Veterans Affairs (Secretary) has submitted an informal brief which we, sua sponte, are treating as a motion to dismiss Melitona M. Pena's petition for review. In doing so, we waive Fed.Cir.R. 27(d) (prohibiting the filing of a motion to dismiss after a petitioner's informal brief has been filed).

I

A. Procedural Background

On December 17...

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