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HABER v. U.S.

No. 87-1102.

846 F.2d 1379 (1988)

Heinz HABER, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 19, 1988.

Attorney(s) appearing for the Case

Edward Ord, Ord and Norman, San Francisco, Cal., argued for plaintiff-appellant.

B. Paul Klein, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup and Gilbert S. Rothenberg.

Before MARKEY, Chief Judge, NEWMAN and BISSELL, Circuit Judges.

ORDER

PAULINE NEWMAN, Circuit Judge.

The government's Petition for Rehearing is granted, to the following extent:

I

The government requests clarification of the court's decision1 with respect to the procedure to be followed upon remand to the Claims Court.

In deciding the motion the Claims Court appropriately drew all factual inferences in favor of the non-movant, and thus the premise of the Claims Court...

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