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LEAR SIEGLER, INC., ENERGY PRODUCTS DIV. v. LEHMAN

Nos. 86-6496, 87-5698, 87-5670.

893 F.2d 205 (1989)

LEAR SIEGLER, INC., ENERGY PRODUCTS DIVISION, Plaintiff-Appellee/Cross-Appellant, v. John LEHMAN, Secretary of the Navy, et al., Defendants-Appellants/Cross-Appellees LEAR SIEGLER, INC., Plaintiff-Appellee, and United States Senate; United States House of Representatives, Plaintiffs-Intervenors/Appellees, v. John LEHMAN, Secretary of the Navy; William Stevenson, Contracting Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 17, 1989.

As Amended January 10, 1990.

Attorney(s) appearing for the Case

Douglas N. Letter, Jacob M. Lewis and Robert K. Rasmussen, Appellate Staff, Dept. of Justice, Washington, D.C., for defendants-appellants/cross-appellees.

Peter B. Jones, Foster, Jones & Donovan, Irvine, Cal., for plaintiff-appellee/cross-appellant.

Before GOODWIN, Chief Judge, HUG, TANG, SCHROEDER, FLETCHER, PREGERSON, CANBY, NORRIS, HALL, NOONAN and THOMPSON, Circuit Judges.

PER CURIAM:

A panel decision affirming a district court award of attorney fees was taken en banc by a majority vote of the judges of this court, and the case was reargued pursuant to Circuit Rule 35-3. The court has concluded that the award of attorney fees was not authorized by statute. Accordingly, Part III of the decision published in Lear Siegler, Inc. Energy Products Div. v. Lehman, 842 F.2d 1102 (9th Cir.1988) is withdrawn...

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