BERRY v. CONYERS
JOHN BERRY, DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT, Petitioner,
RHONDA K. CONYERS AND DEVON HAUGHTON NORTHOVER, Respondents, and
MERIT SYSTEMS PROTECTION BOARD, Respondent.
United States Court of Appeals, Federal Circuit.
January 24, 2013.
Before RADER, Chief Judge, NEWMAN, LOURIE, BRYSON*, DYK, PROST, MOORE, O'MALLEY, REYNA, and WALLACH, Circuit Judges.
This order is nonprecedential.ORDER
Separate petitions for rehearing en banc were filed by Respondent Merit Systems Protection Board ("MSPB") and Respondents Rhonda K. Conyers ("Conyers") and Devon Haughton Northover ("Northover"). A single response was invited by the court and filed by Petitioner.
The petitions for panel rehearing were considered by the panel that heard the appeal, and thereafter the petitions for rehearing en banc, response, and brief of amici curiae were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeal en banc. A poll was requested, taken, and the court has decided that the appeal warrants en banc consideration.
Upon consideration thereof,
IT IS ORDERED THAT: