LARY v. U.S. POSTAL SERVICE

No. 2006-3050.

493 F.3d 1355 (2007)

Robert H. LARY, Sr., Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

July 3, 2007.


Attorney(s) appearing for the Case

Paul F. Prentiss, Timmermier, Gross & Prentiss, of Omaha, NE, for petitioner.

Allison Kidd-Miller, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. On the brief were Peter D. Keisler, Assistant Attorney General, and Lori J. Dym, Chief Counsel Law Department Civil Practice, United States Postal Service, of Washington, DC. Of counsel were Jeanne E. Davidson, Director; Kathryn A. Bleecker, Assistant Director; and James D. Colt, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, and Ray E. Donahue, Attorney, Law Department Civil Practice, United States Postal Service, of Washington, DC.

Before NEWMAN, DYK, and PROST, Circuit Judges.


ON PETITION FOR REHEARING.

DYK, Circuit Judge.

Petitioner Robert H. Lary, Jr. ("Lary") died on February 17, 2007, after our original opinion had issued. Lary's personal representative moved to have Robert H. Lary, Sr., his father and personal representative, substituted as the petitioner, and the government moved to vacate our original opinion and dismiss the appeal as moot. In a separate order issued today, we have granted the motion to substitute and denied...

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