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BYWATERS v. U.S.

No. 2011-1032.

684 F.3d 1295 (2012)

Ashburn BYWATERS, Carl Lancaster, Betty L. Hohenberger, Orman Roderick, June Roderick, and Nan O. Beeler, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 11, 2012.

Attorney(s) appearing for the Case

Cecilia Fex , Ackerson Kauffman Fex, PC, of Washington, DC, filed a petition for rehearing en banc for plaintiffs-appellants.

Ellen J. Durkee , Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, filed a response to the petition for defendant-appellee.

Opinion for the court filed by Circuit Judge DYK. Opinion concurring in part and dissenting in part filed by Circuit Judge PLAGER.

ON PETITION FOR REHEARING

DYK, Circuit Judge.

Plaintiffs-Appellants, Ashburn Bywaters et al. ("appellants"), petition for rehearing of our March 1, 2012, decision in Bywaters v. United States, 670 F.3d 1221 (Fed.Cir. 2012). In that decision we vacated the district court's award of attorneys' fees and remanded for further consideration. Among other things, we held that "absent unusual circumstances," a district court...

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