Taylor v. McDonough
Decision Date | 22 July 2021 |
Docket Number | 2019-2211 |
Citation | 4 F.4th 1381 (Mem) |
Parties | Bruce R. TAYLOR, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee |
Court | U.S. Court of Appeals — Federal Circuit |
Kenneth M. Carpenter, Law Offices of Carpenter Chartered, Topeka, KS, for claimant-appellant.
William James Grimaldi, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for respondent-appellee. Also represented by Jeffrey B. Clark, Robert Edward Kirschman, Jr., Loren Misha Preheim; Christopher O. Adeloye, Brian D. Griffin, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.
Before Moore, Chief Judge, Newman, Lourie, Dyk, Prost, O'Malley, Reyna, Taranto, Chen, Hughes, and Stoll, Circuit Judges.
SUA SPONTE REHEARING EN BANC
ORDER
This case was argued before a panel of three judges on June 4, 2020, and a panel opinion issued on June 30, 2021. Thereafter, a sua sponte request for a poll on whether to rehear this case en banc was made. A poll was conducted and a majority of the judges in regular active service voted for sua sponte en banc consideration.
(1) The panel opinion of June 30, 2021, is vacated and the appeal is reinstated.
(2) This case will be reheard en banc sua sponte under 28 U.S.C. § 46 and Federal Rule of Appellate Procedure 35(a). The court en banc shall consist of all circuit judges in regular active service who are not recused or disqualified, as well as any senior circuit judge who participated in the panel decision and elects to participate as a member of the court en banc, in accordance with the provisions of 28 U.S.C. § 46(c).
(3) The parties are requested to file new briefs. The briefs should address the following issues:
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