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ARELLANO v. WILKIE

2020-1073.

970 F.3d 1362 (2020)

Adolfo R. ARELLANO, Claimant-Appellant, v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 5, 2020.

Attorney(s) appearing for the Case

James R. Barney , Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, for claimant-appellant. Also represented by Alexander Edison Harding , Kelly Horn .

Andrew James Hunter , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent-appellee. Also represented by Ethan P. Davis , Martin F. Hockey, Jr. , Robert Edward Kirschman, Jr. ; Christina Lynn Gregg , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

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

SUA SPONTE HEARING EN BANC

ORDER

This case was argued before a panel of three judges on July 6, 2020. A sua sponte request for a poll on whether to consider this case en banc in the first instance was made. A poll was conducted and a majority of the judges who are in regular active service voted for sua sponte en banc consideration...

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