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ADAMSEN v. DEPARTMENT OF AGRICULTURE

No. 2008-3222.

571 F.3d 1363 (2009)

Floyd J. ADAMSEN, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

United States Court of Appeals, Federal Circuit.

July 15, 2009.

Attorney(s) appearing for the Case

J. Reid Prouty, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a petition for panel rehearing for respondent. With him on the petition were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Franklin E. White, Jr., Assistant Director.

Thomas F. Muther, Jr., Minahan and Muther, P.C., of Denver, CO, filed a response to the petition for petitioner.

Before RADER, FRIEDMAN, and LINN, Circuit Judges.

ON PETITION FOR PANEL REHEARING

FRIEDMAN, Circuit Judge.

ORDER

The government has filed a petition for panel rehearing seeking only a change in the following sentence in our opinion of April 23, 2009, reported at 563 F.3d 1326, 1331:

"If an agency makes changes to a previously-OPM-approved performance appraisal system that significantly alters an employee's performance standards and obligations, OPM review...

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