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MUSSELMAN v. DEPT. OF ARMY

2016-2522.

868 F.3d 1341 (2017)

Jeffery S. MUSSELMAN, Petitioner v. DEPARTMENT OF the ARMY, Respondent.

United States Court of Appeals, Federal Circuit.

July 20, 2017.

Attorney(s) appearing for the Case

ROBERT J. GAJARSA , Latham & Watkins LLP, Washington, DC, filed a petition for hearing en banc for petitioner Jeffery S. Musselman. Also represented by GABRIEL BELL , SAVANNAH KENT BURGOYNE , MICHAEL J. GERARDI , EMILY K. SAUTER.

MARIANA TERESA ACEVEDO , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, filed a response to the petition for respondent Department of the Army. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , CLAUDIA BURKE ; REBECCA E. AUSPRUNG , United States Army Litigation Division, Fort Belvoir, VA.

Stoll, Circuit Judge, dissents without opinion from the denial of the petition for hearing en banc.

ON PETITION FOR HEARING EN BANC

ORDER

Petitioner Jeffery S. Musselman filed a petition for initial hearing en banc. A response to the petition was invited by the court and filed by respondent Department of the Army. The petition and response were referred to the circuit judges who are in regular active service.

Upon...

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