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KRAFT, INC. v. U.S.

Nos. 94-5163, 95-5007.

96 F.3d 1428 (1996)

KRAFT, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

September 27, 1996.

Attorney(s) appearing for the Case

James L. Malone III, McDermott, Will & Emery, Chicago, Illinois, submitted a petition for rehearing and suggestion for rehearing en banc for plaintiff-appellant. With him on the petition were William L. Goldman and J. Gary McDavid, Washington, D.C.

Kenneth L. Greene, Attorney, Tax Division, Department of Justice, Washington, D.C., submitted a petition for rehearing for defendant/cross-appellant and also a response to plaintiff-appellant's petition for rehearing and suggestion for rehearing en banc. With him on the petition and on the response were Loretta C. Argrett, Assistant Attorney General, Gary R. Allen, Chief, Appellate Section, and David Gustafson, Attorney.

Before PLAGER, Circuit Judge, COWEN and NIES, Senior Circuit Judges.

ORDER

The parties' petitions for rehearing by the panel on the grounds that the court failed to consider certain factors are denied as lacking merit. However, the opinion, issued June 5, 1996, does not specifically state that a separate judgment had been entered on the unappealed claims, one point raised in the petitions. For clarification, note 1 on page 2 of the slip opinion [85 F.3d at 603, note 1] is amplified to read:

1 Kraft had also made claims...

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