Opinion
No. 97-5093
DECIDED: December 20, 1999
Appealed from United States Court of Federal Claims; Judge James T. Turner.
Steven S. Rosenthal, Cooper, Carvin Rosenthal PLLC, Washington, DC, W. Stephen Smith, Morrison Foerster LLP, Washington, DC., of counsel Ellen E. Deason, Assistant Professor, University of Illinois, College of Law, Champaign, Illinois, for plaintiffs-appellants.
Jeanne E. Davidson, Deputy Branch Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, David W. Ogden, Acting Assistant Attorney General, Douglas N. Letter, Appellate Litigation Counsel, David M. Cohen, Director, Kathleen Moriarty Mueller, Attorney, Appellate Staff, for defendant-appellee.
ORDER
Each party has filed a combined petition for panel rehearing and petition for rehearing en banc.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) Both petitions for panel rehearing are denied.
(2) The petition for rehearing en banc of the Appellants is granted.
(3) The petition for rehearing en banc of the Appellee is denied.
(4) The judgment of the court entered on August 5, 1999, and reported in 185 F.3d 1356 (Fed. Cir. 1999), is vacated and the opinion of the court accompanying the judgment is withdrawn with respect to part 3.
(5) Additional briefing and argument are not indicated at this time.