Preseault v. United States

U.S. Court of Appeals for the Federal Circuit November 20, 1995

Preseault v. United States, 66 F.3d 1168 (Fed. Cir. 1995)

1995 U.S. App. LEXIS 32664

Opinion of the Court

ORDER

A poll of the judges in regular active service to determine whether the appeal should be heard in banc was conducted at the suggestion of an active judge,

Upon consideration thereof, it is

ORDERED that the suggestion to rehear the appeal in banc be, and the same hereby is, accepted; and

IT IS FURTHER ORDERED that the judgment of the court entered on September 14, 1995, and reported in 66 F.3d 1167 (Fed. Cir. 1995), is vacated and that the opinion of the court accompanying the said judgment is withdrawn.

Additional briefing and argument are not indicated at this time.

Chief Judge ARCHER, and Circuit Judge BRYSON- did not participate in the poll.

Reference

Full Case Name: J. Paul PRESEAULT and Patricia Preseault, Individually and as Partners of 985 Associates, Ltd., a Vermont Limited Partnership, and 985 Associates, Ltd. v. The UNITED STATES, and The State of Vermont, Defendant-Cross-Appellant
Status: Published