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TRANSAMERICA INS. CO. v. U.S.

No. 91-5099.

998 F.2d 972 (1993)

TRANSAMERICA INSURANCE COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing July 26, 1993.

Attorney(s) appearing for the Case

John V. Burch, Bovis, Kyle & Burch, Atlanta, GA, was on plaintiff-appellant's answer to Petition for Rehearing and Suggestion for Rehearing In Banc.

Stuart M. Gerson, Acting Asst. Atty. Gen., David M. Cohen, Director, Jeanne E. Davidson, Asst. Director and Richard E. Rice, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, were on the defendant-appellee's Petition for Rehearing and Suggestion for Rehearing In Banc. Of counsel was Terrence S. Hartman.

Edward G. Gallagher, Wickwire Gavin, P.C., Vienna, VA, was on the response of amicus curiae, American Ins. Ass'n in opposition to defendant-appellee's Petition for Rehearing and Suggestion for Rehearing In Banc.

Opinion by Chief Judge Nies Dissenting from Denial of Rehearing In Banc July 26, 1993.

ORDER

A combined petition for rehearing and suggestion for rehearing in banc having been filed by the APPELLEE, and a response thereto having been invited by the court and filed by the APPELLANT, and a response of amicus curiae having been filed with leave, and a judge of the court having requested an in banc poll.

UPON CONSIDERATION THEREOF, it is

ORDERED...

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