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BRAUN v. DEPT. OF HEALTH AND HUMAN SERVICES

2019-1949.

998 F.3d 1312 (2021)

Allen R. BRAUN, Petitioner v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent.

United States Court of Appeals, Federal Circuit.

Filed: June 4, 2021.

Attorney(s) appearing for the Case

George Chuzi , Kalijarvi, Chuzi, Newman & Fitch, PC, Washington, DC, filed a petition for rehearing en banc for petitioner.

Tanya Koenig , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, filed a response to the petition for respondent. Also represented by Brian M. Boynton , Martin F. Hockey, Jr. , Tara K. Hogan .

Ned Miltenberg , National Legal Scholars Law Firm, P.C., Bethesda, MD, for amici curiae Peter A. Bandettini, Peter J. Basser, Jack R. Bennink, Karen Berman, Bibiana Bielekova, Carson C. Chow, G. Marius Clore, Leonardo Cohen, Cynthia E. Dunbar, Charles E. Egwuagu, R. Douglas Fields, Joseph Frank, Charles Gerfen, Mark Hallett, Kenneth A. Jacobson, Elaine S. Jaffe, Stephanie J. London, Alex Martin, Elisabeth A. Murray, David Lee Robinson, Eric M. Wassermann, Howard Young, Joshua J. Zimmerberg.

Opinion dissenting from the denial of the petition for rehearing en banc filed by Circuit Judge O'Malley.

ON PETITION FOR REHEARING EN BANC

ORDER

Allen R. Braun filed a petition for rehearing en banc. A response to the petition was invited by the court and filed by the United States Department of Health and Human Services. A committee of scientists concerned about tenure requested leave to file a brief as amici curiae, which...

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