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RUMSFELD v. FREEDOM, NY, INC.

Nos. 02-1105, 02-1130.

346 F.3d 1359 (2003)

Donald H. RUMSFELD, Secretary of Defense, Appellant, v. FREEDOM NY, INC., Appellee. Freedom NY, Inc., Appellant, v. Donald H. Rumsfeld, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: October 10, 2003.

Attorney(s) appearing for the Case

Gilbert J. Ginsburg, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for Freedom NY, Inc. Of counsel on the petition were Neil H. Ruttenberg, of Beltsville, Maryland; and Shlomo D. Katz, Epstein Becker & Green, P.C., of Washington, DC.

William K. Olivier, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, filed a response to the petition for the Secretary of Defense. With him on the response was Peter D. Keisler, Assistant Attorney General; and David M. Cohen, Director.

Before SCHALL, GAJARSA, and DYK, Circuit Judges.

PER CURIAM.

Freedom NY, Inc. ("Freedom") petitions for panel rehearing and rehearing en banc. We reaffirm our earlier decision affirming in part, reversing in part, and remanding to the Armed Services Board of Contract Appeals ("Board").

Freedom asserts that rehearing is warranted because we should have ruled that a letter from Freedom to the Defense Logistics Agency ("DLA") was incorporated into Modification 25. Freedom argues that the Board found...

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