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JOHNSTON v. OFFICE OF PERSONNEL MANAGEMENT

No. 04-3260.

430 F.3d 1376 (2005)

Nancy L. JOHNSTON (substituted for William F. Johnston), Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

November 17, 2005.

Attorney(s) appearing for the Case

John H. Williamson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a petition for rehearing for respondent. With him on the petition were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and William F. Ryan, Assistant Director. Of counsel on the petition was Jill Gerstenfeld, Attorney, Office of the General Counsel, Office of Personnel Management, of Washington, DC.

Nancy L. Johnston (for William F. Johnston), of Seaford, Delaware, pro se.

Before NEWMAN, CLEVENGER, and, BRYSON, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM.

ORDER

A petition for rehearing having been filed by the respondent, Office of Personnel Management,

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The petition for rehearing is granted for the limited purpose of modifying the opinion issued on June 28, 2005. The precedential order modifying the opinion is attached.

(2) The mandate of the court will issue on November...

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