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DIEBOLD v. U.S.

No. 90-5373.

961 F.2d 97 (1992)

Daryl A. DIEBOLD; Daton L. Plumblee, Plaintiffs-Appellants, v. UNITED STATES of America; Attorney General of the United States; General Thomas C. Foley; Mike Stone, Secretary; Colbar, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

March 24, 1992.

Attorney(s) appearing for the Case

Ralph M. Mobley, Elizabethtown, Ky. (argued and briefed), for plaintiffs-appellants.

Joseph M. Whittle, U.S. Atty., James H. Barr, Asst. U.S. Atty., Louisville, Ky., Timothy Goblirsch, Ft. Knox, Ky., Miguel A. Escalera, Jr. (briefed), Dept. of Army, Office of the Judge Advocate General, Washington, D.C., Christopher J. O'Brien (argued and briefed), DAJA-LTC, Dept. of Army, Litigation Div., Arlington, Va., Lawrence L. Pedley (briefed), Pedley, Ross, Zielke, Gordinier & Porter, Louisville, Ky., Joel R. Feidelman (briefed), Alan M. Grayson (argued), Richard D. Leiberman, Fried, Frank, Harris, Shriver & Jacobson, Washington, D.C., for defendants-appellees.

Before: MERRITT, Chief Judge; JONES, Circuit Judge; and WELLFORD, Senior Circuit Judge.

ORDER DENYING PETITION FOR REHEARING

The full court has denied the petition of the Department of Justice for en banc review. Although our dissenting colleague states that "a majority of those voting would have directed review," the parties should not be misled by this statement. The vote of the court, recorded January 30, 1992, when there were thirteen members of the court, was nine against en banc review, four for review. We do not understand our...

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