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MARTINEZ v. U.S.

No. 99-5163.

272 F.3d 1335 (2001)

Gabriel J. MARTINEZ, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 6, 2001.

Attorney(s) appearing for the Case

Charles W. Gittins, Law Offices of Charles W. Gittins, P.C., of Middletown, VA, for plaintiff-appellant.

Joseph Trautwein, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were David M. Cohen, Director; James M. Kinsella, Deputy Director; and Aileen M. Bell, Attorney. Of counsel was Opher Shweiki, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, Attorney of Record.

ORDER

This case was argued before a panel of this court on July 10, 2000. Thereafter, a poll of the judges in regular active service was conducted to determine whether the appeal should be heard en banc. Upon consideration thereof, IT IS ORDERED THAT:

(1) The court by its own action grants a hearing en banc. The en banc court shall consist of the circuit judges in regular active service and Senior Circuit Judge Plager, who was a member of the panel...

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