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WEBSTER v. DEPARTMENT OF ARMY

No. 89-3369.

926 F.2d 1149 (1991)

Alton T. WEBSTER, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

February 22, 1991.

Attorney(s) appearing for the Case

Alton T. Webster, Fayetteville, N.C., submitted pro se. Philip W. Barton, Barton and Lee, Fayetteville, N.C., filed a Petition for Rehearing or Suggestion for Rehearing In Banc, for petitioner.

Randall J. Bramer, Dept. of Justice, Washington, D.C., submitted, for respondent. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Mary Mitchelson, Asst. Director and Hillary A. Stern, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, D.C., were on the respondent's brief in response to petitioner Webster's Petition for Rehearing or Suggestion for Rehearing In Banc.

Prior report: Fed.Cir., 911 F.2d 679.

ORDER

A suggestion for rehearing in banc having been filed in this case and a response thereto having been invited by the court and filed,

UPON CONSIDERATION THEREOF, it is

ORDERED that the suggestion for rehearing in banc be, and the same hereby is, declined.

Chief Judge NIES dissents.

NIES, Chief Judge, dissenting...

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