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RUMSFELD v. APPLIED COMPANIES, INC.

No. 01-1630.

325 F.3d 1328 (2003)

Donald H. RUMSFELD, Secretary of Defense, Appellant, v. APPLIED COMPANIES, INC., Appellee.

United States Court of Appeals, Federal Circuit.

Decided: April 2, 2003.

Attorney(s) appearing for the Case

Peter B. Jones, Jones & Donovan, of Newport Beach, CA, filed a combined petition for panel rehearing and rehearing en banc for the Appellee.

David B. Stinson, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, filed a response to the petition for the appellant. With him on the response were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director; and Deborah A. Bynum, Assistant Director. Of counsel on the response was Donald Tracy, Trial Attorney, Defense Supply Center, Richmond, Defense Logistics Agency, of Richmond, Virginia.

Before SCHALL, DYK, and PROST, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCHALL. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge DYK.

ON PETITION FOR PANEL REHEARING.

ORDER

Applied Companies, Inc. ("Applied") has petitioned for panel rehearing of the court's December 10, 2002 decision. Rumsfeld v. Applied Companies, Inc., 318 F.3d 1317 (Fed.Cir.2002) ("Applied").

This suit arises out of...

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