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PAPIERFABRIK AUGUST KOEHLER AG v. U.S.

No. 2010-1147.

646 F.3d 904 (2011)

PAPIERFABRIK AUGUST KOEHLER AG and Koehler America, Inc., Plaintiffs-Appellants, and Mitsubishi International Corporation, Mitsubishi Hitec Paper Flensburg GMBH, and Mitsubishi Hitec Paper Bielefeld GMBH, Plaintiffs, v. UNITED STATES, Defendant, and International Trade Commission, Defendant-Appellee, and Appleton Papers Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 19, 2011.

Attorney(s) appearing for the Case

Mark A. Bernstein, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for defendant-appellee International Trade Commission. With him on the petition were James M. Lyons, General Counsel, and Neal J. Reynolds, Assistant General Counsel for Litigation.

Richard P. Ferrin, Drinker Biddle & Reath LLP, of Washington, DC, filed a response to the petition for plaintiffs-appellants. With him on the response was William Silverman.

Joseph W. Dorn, King & Spalding LLP, of Washington, DC, filed a response to the petition for defendant-appellee Appleton Papers Inc. With him on the response were Ashley C. Parrish and Steven R. Keener.

REYNA, Circuit Judge, with whom NEWMAN and O'MALLEY, Circuit Judges, join, dissents from the denial of the petition for rehearing en banc.

ORDER

PER CURIAM.

A combined petition for panel rehearing and rehearing en banc was filed by Defendant-Appellee, International Trade Commission, and a response thereto was invited by the court and filed by Plaintiffs-Appellants and Defendant-Appellee, Appleton Papers, Inc.

The petition for panel rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc and responses were referred to the circuit...

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