NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
KELLOGG BROWN & ROOT SERVICES, INC.,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Cross Appellant.
______________________
2012-5106, -5115
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Appeals from the United States Court of Federal
Claims in No. 09-CV-351, Judge Christine O.C. Miller.
______________________
ON PETITION FOR PANEL REHEARING AND
REHEARING EN BANC
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Before RADER, Chief Judge, NEWMAN, LOURIE, DYK,
PROST, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO,
and CHEN, Circuit Judges. 1
1 Circuit Judge Hughes did not participate.
2 KELLOGG BROWN & ROOT SERVICES v. US
PER CURIAM.
ORDER
Plaintiff-appellant Kellogg Brown & Root Services,
Inc. filed a petition for rehearing en banc. A response to
the petition was invited by the court and filed by the
defendant-cross-appellant. Plaintiff-appellant moved for
leave to file a reply in support of its petition. The petition
was referred to the panel that heard the appeal, and
thereafter the petition for rehearing en banc, the re-
sponse, and the motion for leave to file a reply were
referred to the circuit judges who are in regular active
service.
Defendant-cross-appellant United States also 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 plaintiff-appellant. The petition was
referred to the panel that heard the appeal, and thereaf-
ter the petition for rehearing en banc and response were
referred to the circuit judges who are in regular active
service.
Upon consideration thereof,
It Is Ordered That:
(1) The petition for panel rehearing filed by plaintiff-
appellant Kellogg Brown & Root Services, Inc. is
denied.
(2) The petition for rehearing en banc filed by plain-
tiff-appellant Kellogg Brown & Root Services, Inc.
is denied.
(3) The petition for panel rehearing filed by defend-
ant-cross-appellant United States is granted-in-
part for the limited purpose of deleting the words
KELLOGG BROWN & ROOT SERVICES v. US 3
“at the Court of Federal Claims” from page 1366 of
the opinion, reported at 728 F.3d 1348. An errata
sheet is attached. The panel denies the petition for
panel rehearing in all other respects.
(4) The petition for rehearing en banc filed by defend-
ant-cross-appellant United States is denied.
(5) The motion of plaintiff-appellant to withdraw
counsel Eric A. White is granted.
(6) The motion of plaintiff-appellant for leave to file a
reply in support of its petition for rehearing en
banc is denied.
(7) The mandate of the court will issue on April 4,
2014.
FOR THE COURT
March 28, 2014 /s/ Daniel E. O’Toole
Date Daniel E. O’Toole
Clerk of Court
United States Court of Appeals
for the Federal Circuit
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March 28, 2014
ERRATA
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Appeal Nos. 2012-5106, -5115
KELLOGG BROWN & ROOT SERVICES, INC.
v.
UNITED STATES
Decided: September 5, 2013
Precedential Opinion
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Please make the following change:
Page 29, line 30, delete “at the Court of Federal Claims.”