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WILLIAMS v. U.S.

Nos. 99-1572, 00-1254, 99-1255.

240 F.3d 1366 (2001)

Spencer WILLIAMS, Aubrey E. Robinson, Jr., C. Clyde Atkins, Louis C. Bechtle, Sandra S. Beckwith, Lucius D. Bunton, III, William M. Byrne, Jr., Adrian G. Duplantier, Irving Hill, Morris E. Lasker, Thomas C. Platt, Jr., John W. Reynolds, Walter H. Rice, Marvin H. Shoob, Joseph L. Tauro, Laughlin E. Waters, Lee R. West, Charles Wiggins, and Henry R. Wilhoit, Jr., Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 21, 2001.

Attorney(s) appearing for the Case

Kevin M. Forde, Kevin M. Forde, Ltd., of Chicago, Illinois, argued for plaintiffs-appellees. With him on the brief were Janice R. Forde, and Kevin R. Malloy. Of counsel on the brief were Richard J. Prendergast and Deirdre N. Close, Richard J. Prendergast, Ltd., of Chicago; and John S. Guttmann, Jr., Beveridge & Diamond, of Washington, DC.

Douglas N. Letter, Attorney, Appellate Staff, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.

Richard William Austin, Pretzel & Stouffer, Chartered, of Chicago, Illinois, for amicus curiae National, State, and Local Bar Associations.

CLEVENGER and GAJARSA, Circuit Judges, with whom MICHEL, LOURIE, SCHALL, BRYSON, LINN, and DYK, Circuit Judges, join, concurring in the order declining hearing en banc.

In response to a self-initiated poll within the court, a decision has been reached to deny en banc hearing of this case. The three judges who favored en banc hearing have dissented from the order denying en banc hearing.

Contrary to the dissents, however, this case involves no great new issue of principle. Rather the majority opinion narrowly decides this case on the basis of the Supreme Court's decision in the Will case.

Let it be understood clearly...

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