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OLIVER v. SECRETARY OF HEALTH AND HUMAN SERVICES

2017-2540.

911 F.3d 1381 (2019)

Laura OLIVER, and, Eddie Oliver, Jr., Parents and Legal Representatives of E.O., III, Petitioners-Appellants v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

January 9, 2019.

Attorney(s) appearing for the Case

CLIFFORD JOHN SHOEMAKER , Shoemaker and Associates, Vienna, VA, filed a combined petition for panel rehearing and rehearing en banc for petitioners-appellants.

DANIEL ANTHONY PRINCIPATO , Torts Branch, Civil Division, United States Department of Justice, Washington, DC, filed a response to the petition for respondent-appellee. Also represented by JOSEPH H. HUNT , C. SALVATORE D'ALESSIO , CATHARINE E. REEVES , HEATHER L. PEARLMAN .

Newman, Circuit Judge, with whom Reyna, Circuit Judge, joins, dissents from the denial of the petition for rehearing en banc.

ORDER

Appellants Laura Oliver and Eddie Oliver, Jr., parents and legal representatives of E.O., III, 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 Secretary of Health and Human Services. The petition for rehearing and response were first referred...

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