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NYSTROM v. TREX CO., INC.

No. 03-1092.

424 F.3d 1136 (2005)

Ron NYSTROM, Plaintiff-Appellant, v. TREX COMPANY, INC. and TREX Company, LLC, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 14, 2005.

Attorney(s) appearing for the Case

Joseph S. Presta, Nixon & Vanderhye, P.C., of Arlington, Virginia, argued for plaintiff-appellant.

Patrick J. Coyne, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington, DC, argued for defendants-appellees. With him on the brief was Troy E. Grabow.

Before MAYER, GAJARSA, and LINN, Circuit Judges.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by Trex Co., Inc. and Trex Co., LLC. A response thereto was invited by the court and filed by Ron Nystrom. Thereafter, these filings were referred to the merits panel that heard the appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) the petition for panel rehearing is granted for the limited purpose of addressing the effects of Phillips v. AWH...

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