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FEDERAL EDUCATION ASS'N v. DEPARTMENT OF DEFENSE

2015-3173.

873 F.3d 903 (2017)

FEDERAL EDUCATION ASSOCIATION — STATESIDE REGION, Karen Graviss, Petitioners v. DEPARTMENT OF DEFENSE, DOMESTIC DEPENDENTS ELEMENTARY AND SECONDARY SCHOOL, Respondent.

United States Court of Appeals, Federal Circuit.

October 13, 2017.

Attorney(s) appearing for the Case

DOROTHY LOUISE LEE , Federal Education Association Stateside Region, Dublin, OH, filed a response to the petition for petitioners.

TARA K. HOGAN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, filed a petition for rehearing en banc for respondent. Also represented by CLAUDIA BURKE , ROBERT E. KIRSCHMAN, JR. , CHAD A. READLER .

Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O'Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll, Circuit Judges.

ORDER

Respondent Department of Defense filed a petition for rehearing en banc. A response was invited and filed. The petition and response were considered by the panel that heard the appeal, see Fed. Cir. R. 35 Practice Notes, and thereafter referred to the circuit judges in regular active service. A poll was requested and taken,...

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