403 F.3d 1307

Frank E. FISHER, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 02-5082.

United States Court of Appeals, Federal Circuit.

March 9, 2005.

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.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and James M. Kinsella, Deputy Director, for petition, of counsel.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC.

ORDER

A combined petition for panel rehearing and rehearing en banc having been filed by *1308the 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.

Fisher v. United States
403 F.3d 1307

Case Details

Name
Fisher v. United States
Decision Date
Mar 9, 2005
Citations

403 F.3d 1307

Jurisdiction
United States

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