United States Court of Appeals for the Federal Circuit
02-5082
FRANK E. FISHER,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
J. Byron Holcomb, Attorney, of Bainbridge Island, Washington, filed a response to
the petition for rehearing en banc for plaintiff-appellant.
Douglas K. Mickle, Attorney, Commercial Litigation Branch, Civil Division, United
States Department of Justice, of Washington, DC, filed a petition for rehearing en banc for
defendant-appellee. Of counsel on the petition were Peter D. Keisler, Assistant Attorney
General, David M. Cohen, Director, and James M. Kinsella, Deputy Director.
Appealed from: United States Court of Federal Claims
Senior Judge Eric G. Bruggink
United States Court of Appeals for the Federal Circuit
02-5082
FRANK E. FISHER,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC
ORDER
A combined petition for panel rehearing and rehearing en banc having been filed
by the Appellee, a response thereto having been invited by the court and filed by the
Appellant, the petition for panel rehearing having been referred to the panel that heard
the appeal, thereafter the petition for rehearing en banc and response having been
referred to the circuit judges who are in regular active service, and a poll having been
requested and taken,
IT IS ORDERED THAT:
(1) The petition for rehearing en banc is granted for the limited purpose of
overruling this court’s decision in Gollehon Farming v. United States, 207 F.3d 1373,
1379 (Fed. Cir. 2000), and clarifying the procedure for determining Tucker Act
jurisdiction. The panel’s judgment and original opinion entered on April 22, 2004, and
reported at 364 F.3d 1372 (Fed. Cir. 2004), is vacated.
(2) The vacated panel opinion is replaced by a new panel opinion issued this
date. The Appellee’s petition for panel rehearing is granted for the limited purpose of
addressing the issues raised.
FOR THE COURT
March 9, 2005 S/ Jan Horbaly
Date Jan Horbaly
Clerk
02-5082 2