FORSHEY v. PRINCIPI

No. 99-7064.

239 F.3d 1224 (2001)

Rezi P. FORSHEY, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 5, 2001.


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, filed a reply for claimant-appellant.

Virginia M. Lum, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, filed a combined petition for rehearing and suggestion for rehearing en banc for respondent-appellee. With her on the brief were David W. Ogden, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and David J. Barrans, Staff Attorney, Department of Veterans Affairs, of Washington, DC.

Before MAYER, Chief Judge, PAULINE NEWMAN, MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, and DYK, Circuit Judges.


ORDER

A combined petition for panel rehearing and rehearing en banc having been filed by Respondent-Appellee, and a response thereto having been invited by the court and filed by Claimant-Appellant, and the petition for rehearing having been referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc and response having been referred to the circuit judges who are in regular active service, and a poll having been taken it is

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