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A.C. AUKERMAN COMPANY v. R.L. CHAIDES CONSTRUCTION COMPANY

No. 90-1137.

935 F.2d 1262 (1991)

A.C. AUKERMAN COMPANY, Plaintiff-Appellant, v. R.L. CHAIDES CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Order June 13, 1991.

Attorney(s) appearing for the Case

Gerald P. Dodson, Townsend & Townsend, San Francisco, Cal., for plaintiff-appellant.

Thomas E. Schatzel, Law Offices of Thomas E. Schatzel, Santa Clara, Cal., for defendant-appellee.

CORRECTED ORDER OF MAY 22, 1991

The court sua sponte will rehear the appeal in banc.

The judgment entered on April 25, 1991, is VACATED, and the accompanying opinion is withdrawn.

Additional briefing and oral argument is not indicated at this time.

The additional copies of briefs as required by Fed.Cir.R. 35(f) shall be delivered on or before May 28, 1991.

Before NIES, Chief Judge, RICH, NEWMAN, ARCHER, MAYER, MICHEL, PLAGER, LOURIE...

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