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PHILLIPS v. AWH CORP.

Nos. 03-1269, 03-1286.

376 F.3d 1382 (2004)

Edward H. PHILLIPS, Plaintiff-Appellant, v. AWH CORPORATION, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-Cross Appellants.

United States Court of Appeals, Federal Circuit.

July 21, 2004.

Attorney(s) appearing for the Case

Carl F. Manthei, Attorney at Law, of Boulder, CO, filed a petition for rehearing en banc for plaintiff-appellant.

Mark W. Fischer, Faegre & Benson LLP, of Boulder, CO, filed a response to the petition for defendants-cross appellants. With him on the response was Scott Holwick.

Before MAYER, Chief Judge, NEWMAN, MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, and PROST, Circuit Judges.

RADER, Circuit Judge, concurs in a separate opinion.

MAYER, Chief Judge, dissents in a separate opinion.

ORDER

PER CURIAM.

A combined petition for panel rehearing and rehearing en banc having been filed by the Plaintiff-Appellant, and a response thereto having been invited by the court and filed by the Defendants-Cross Appellants, and the petition for rehearing having been referred to the panel that heard the appeal, and thereafter...

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