U.S. EX REL STONE v. ROCKWELL INTERN. CORP.

Nos. 99-1351, 99-1352, 99-1353.

282 F.3d 787 (2002)

UNITED STATES of America, ex rel. James S. STONE, and United States of America, Plaintiffs-Appellees and Cross-Appellants, v. ROCKWELL INTERNATIONAL CORP., and Boeing North American, Inc., Defendants-Appellants and Cross-Appellees. American Hospital Association, National Defense Industrial Association, Electronic Industries Alliance, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

March 4, 2002.


Attorney(s) appearing for the Case

Christopher J. Koenigs (Michael A. Williams and Michael B. Carroll, with him on the briefs) of Williams, Youle & Koenigs, P.C., Denver, CO, for the Appellants/Cross-Appellees Rockwell International Corp. and Boeing North American, Inc.

Maria L. Vullo (Robert E. Montgomery, Jr., Matthew Chavez, Jeannie S. Kang, Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY; Hartley D. Alley, Wheat Ridge, CO, with her on the briefs) of Paul, Weiss, Rifkind, Wharton & Garrison, New York, NY, for Appellee/Cross-Appellant James S. Stone.

Peter R. Maier, Civil Division, Appellate Staff, U.S. Department of Justice, Washington, DC, (David W. Ogden, Acting Assistant Attorney General, Douglas N. Letter, Civil Division, Appellate Staff, U.S. Department of Justice, Washington, DC; Thomas L. Strickland, United States Attorney, Denver, CO, with him on the briefs), for the Appellee/Cross-Appellant United States of America.

Herbert L. Fenster, C. Stanley Dees, Mark R. Troy, McKenna & Cuneo, L.L.P., Denver, Colorado; Maureen D. Mudron, American Hospital Association, Washington DC, filed a brief on behalf of the Amici Curiae, American Hospital Association, National Defense Industrial Association, Electronic Industries Alliance.

Before BRISCOE, HOLLOWAY and POLITZ, Circuit Judges.


ORDER ON REHEARING

HOLLOWAY, Circuit Judge.

The petition for rehearing en banc of Defendants-Appellants Rockwell International Corp. and Boeing North American, Inc., was circulated to the members of the panel and all circuit judges of the court in regular service. There having been no request for a poll on the suggestion of rehearing en banc, that suggestion is denied.

The petition for rehearing by the panel...

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