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JOSHUA v. UNITED STATES

No. 93-5170.

17 F.3d 378 (1994)

Roynell JOSHUA, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee. On Motion.

United States Court of Appeals, Federal Circuit.

February 18, 1994.

Attorney(s) appearing for the Case

Roynell Joshua, of Angola, Louisiana, was on the opposition to motion for summary affirmance.

John K. Lapiana, Attorney, Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and James M. Kinsella, Assistant Director, Commercial Litigation Branch, Department of Justice, of Washington, D.C., were on the defendant-appellee's motion for summary affirmance.

Before NIES, Chief Judge, PLAGER and CLEVENGER, Circuit Judges.

ORDER

PLAGER, Circuit Judge.

This matter brings before us the question of the appropriate standard for summary disposition of an appeal, when there has not yet been full briefing of the merits, and no oral argument has been held or allowed. We must then apply that standard to the circumstances of the case before us.

The United States moves for summary affirmance of the Court of Federal Claims' June 3, 1993 order dismissing Roynell Joshua's...

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