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UNITED SERVICES AUTO. ASS'N v. PERRY

No. 95-50512.

102 F.3d 144 (1996)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff-Appellee, v. William J. PERRY, Secretary of United States Department of Defense, and United States of America, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied February 14, 1997.

Attorney(s) appearing for the Case

Barry A. Chasnoff, Stephan B. Rogers, Polly Jessica Estes, Akin, Gump, Strauss, Hauer & Feld, San Antonio, TX, for plaintiff-appellee.

Stephanie Robin Marcus, Barbara C. Biddle, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for defendants-appellants.

Before SMITH, DUHÉ and DeMOSS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 14, 1997.

PER CURIAM:

The opinion originally issued in this case, 92 F.3d 295 (5th Cir.1996) (per curiam), is hereby withdrawn, and the following opinion is substituted for purposes of clarification:

In this case of first impression, we are called upon to interpret the meaning of Congress's 1990 amendment to 10 U.S.C. § 1095 (Supp.1995), which allows...

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