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KISOR v. SHULKIN

2016-1929.

880 F.3d 1378 (2018)

James L. KISOR, Claimant-Appellant v. David J. SHULKIN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Date January 31, 2018.

Attorney(s) appearing for the Case

KENNETH M. CARPENTER , Law Offices of Carpenter Chartered, Topeka, KS, filed a combined petition for panel rehearing and rehearing en banc for claimant-appellant.

IGOR HELMAN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, filed a response to the petition for respondent-appellee. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , MARTIN F. HOCKEY, JR. ; Y. KEN LEE , SAMANTHA ANN SYVERSON , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

O'Malley, Circuit Judge, with whom Newman and Moore, Circuit Judges, join, dissent from the denial of the petition for rehearing en banc.

ORDER

Appellant filed a combined petition for panel rehearing and rehearing en banc. A response to the petition was invited by the court and filed by the appellee.

The petition for rehearing was referred to the panel that heard the appeal, and thereafter, the petition and response were referred to the circuit judges who are...

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