BOEING NORTH AMERICAN, INC. v. ROCHE

No. 01-1011.

298 F.3d 1274 (2002)

BOEING NORTH AMERICAN, INC., Appellant, v. James G. ROCHE, Secretary of the Air Force, Appellee.

United States Court of Appeals, Federal Circuit.

Decided July 29, 2002.


Attorney(s) appearing for the Case

Terry L. Albertson, Crowell & Moring LLP, of Washington DC, for appellant. Of counsel were Scott James Preston and Richard J. Ney, of Chadbourne & Parke, of Los Angeles, CA.

Lawrence N. Minch, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for appellee. On the brief were Stuart E. Schiffer, Acting Assistant Attorney General; David M. Cohen, Director; Deborah A. Bynum, Assistant Director; and J. Mark Powell, Attorney.

Clarence T. Kipps, Jr., Miller & Chevalier, Chartered, of Washington, DC, for amicus curiae. Of counsel was Lynda Troutman O'Sullivan.

Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.


DYK, Circuit Judge.

Acting en banc, the court today vacated the March 15, 2002, judgment in this case, and the panel's original opinion, which is reported at 283 F.3d 1320 (Fed.Cir.2002), was withdrawn. The en banc court reassigned the opinion to the panel for revision. The panel's original opinion is revised as follows:

Boeing North American, Inc. ("Boeing") appeals from the decision of the Armed Services Board...

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