Chrysler Corp. v. United States

604 F.3d 1378, 32 I.T.R.D. (BNA) 1100, 2010 U.S. App. LEXIS 9875, 105 A.F.T.R.2d (RIA) 2323, 2010 WL 1948211

Opinions

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

PER CURIAM.

ORDER

Plaintiff-Appellant Chrysler Corporation filed a combined petition for panel rehearing and rehearing en bane. The panel requested a response from Defendanb-Appellee the United States. The court granted Ford Motor Company leave to file a brief amicus curiae in support of Plaintiff-Appellant’s combined.petition.

The petition for rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, the response to the petition, and amicus curiae brief were referred to the circuit judges who are authorized to request a poll on whether to rehear the appeal en banc. A poll was requested, taken, and failed.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The petition of Plaintiff-Appellant Chrysler Corporation for panel rehearing is denied.

(2) The petition of Plaintiff-Appellant Chrysler Corporation for rehearing en banc is denied.

(3) The mandate of the court will issue on May 21, 2010.

NEWMAN, Circuit Judge, dissents from the denial of the petition for rehearing en banc.