Scott Timber Co. v. United States

NOTE: This order is nonprecedential United States Court of Appeals for the Federal Circuit SCOTT TIMBER COMPANY, Plaintiff-Appellee, V. UNITED STATES, Defendant-Appellant.

2011-5092 Appeal from the United States Court of Federa1 Claims in case no. 05-CV-708, Judge Charles F. LettoW.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC Before RADER, Chief Judge, NEWMAN, LoURlE, DYK, PRosT, MooRE, O’MALLEY, REYNA, and WALLACH, Circwlt Judges.

PER CURIAM.

WALLACH, Circuit Judge, dissents, without opinion, from the denial of the petition for rehearing en banc.

SCOTT TIMBER COMPANY V. US 2 ORDER A combined petition for panel rehearing and rehear- ing en banc was filed by Plaintiff-Appellee, and a response thereto was invited by the court and filed by Defendant- Appellant. The petition for panel rehearing was consid- ered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, response, and brief of amicus curiae Timber Products Company were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeal en banc. A poll was re- quested, taken, and failed.

Upon consideration thereof, IT Is ORDERED THAT: (1) The petition of Plaintiff-Appellee for panel rehearing is denied. (2) The petition of Plaintiff-Appellee for re- hearing en banc is denied. (3) The mandate of the court will issue on March 1, 2013.

FoR THE CoURT February 22, 2013 /s/ J an Horbaly Date J an Horbaly Clerk cc: Ellen M. Lynch, Esq. U FlLED Alan I. Salvman, Esq. ‘S'TS?‘E§B€§A‘E"<§’»E%E?F°R FEB 2 2 2013 )AN noaa/xiv cu£m<