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BYRNE v. WOOD, HERRON & EVANS, LLP

No. 2011-1012.

676 F.3d 1024 (2012)

Stephen E. BYRNE, Plaintiff-Appellant, v. WOOD, HERRON & EVANS, LLP, David S. Stallard, Kevin G. Rooney, Theodore R. Remaklus, P. Andrew Blatt, and Wayne L. Jacobs, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 22, 2012.

Attorney(s) appearing for the Case

James A. Jablonski , Law Office of James A. Jablonski, of Denver, CO, filed a petition for rehearing en banc for plaintiff-appellant.

J. Robert Chambers , Wood, Herron & Evans, L.L.P., of Cincinnati, OH, filed a response to the petition for defendants-appellees.

O'MALLEY, Circuit Judge, with whom WALLACH, Circuit Judge, joins, dissents from the denial of the petition for rehearing en banc.

ON PETITION FOR REHEARING EN BANC

ORDER

PER CURIAM.

A petition for rehearing en banc was filed by Plaintiff-Appellant, and a response thereto was invited by the court and filed by Defendants-Appellees. The petition for rehearing was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc and the response were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeal...

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