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UNR INDUSTRIES, INC. v. U.S.

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

926 F.2d 1109 (1991)

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.

January 24, 1991.

Attorney(s) appearing for the Case

Joe G. Hollingsworth, Spriggs & Hollingsworth, Washington, D.C., argued, for plaintiffs-appellants in Nos. 89-1638, 89-1639. With him on the brief, was William J. Spriggs. Also on the brief, were Paul G. Gaston and Catherine R. Baumer. 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. 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, Sr. 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. 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.

ORDER

On December 18, 1990, this court issued an order accepting the suggestion of Defendant-Appellee (Government) for rehearing in banc. We vacated the panel's judgment of July 30, 1990 and withdrew the accompanying opinion. The order further stated that "[a]dditional briefing and argument are under consideration." On January 4, 1991, Plaintiffs-Appellants filed a motion requesting opportunity for additional briefing and argument. On January 7, 1991, the Government...

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