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UNR INDUSTRIES, INC. v. U.S.

Nos. 89-1638, 89-1639 and 89-1648.

920 F.2d 916 (1990)

UNR INDUSTRIES, INC., Unarco Industries, Inc. and Eagle-Picher Industries, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee. KEENE CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 29, 1990.

Attorney(s) appearing for the Case

Joe G. Hollingsworth, Spriggs & Hollingsworth, Washington, D.C., argued for plaintiffs-appellants in nos. 89-1638, -1639. With him on the brief was William J. Spriggs, Washington, D.C. Also on the brief were Paul G. Gaston and Catherine R. Baumer, Washington, D.C., Paul C. Warnke, Clifford & Warnke, Washington, D.C., was on the brief for plaintiff-appellant in no. 89-1648. With him on the brief were Harold D. Murray, Jr. and Philip H. Hecht, Washington, D.C. Also on the brief were John E. Kidd, Anderson Kill Olick & Oshinsky, P.C., New York City, and Lauren B. Homer, Anderson Kill Olick & Oshinsky, P.C., Washington, D.C.

David S. Fishback, Senior Trial Counsel, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., J. Patrick Glynn, Director, Harold J. Engel, Deputy Director and Douglas C. Page, Trial Atty., Washington, D.C. Also Robert M. Loeb and Barbara C. Biddle, Dept. of Justice, Washington, D.C., were on the Petition for Rehearing and Suggestion for Rehearing In Banc.

Before RICH, MAYER and PLAGER, Circuit Judges.

ON PETITION FOR REHEARING

ORDER

PLAGER, Circuit Judge.

On August 30, 1990, the Government filed a combined Petition for Rehearing and Suggestion for Rehearing In Banc in UNR Indus., Inc. v. United States, 911 F.2d 654 (Fed.Cir.1990).1

In its petition, the Government noted, and we have confirmed, that Eagle-Picher (E-P), the appellant in appeal No. 89-1639, had a petition...

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