Hughes Aircraft Company v. United States, Defendant-Cross

148 F.3d 1384, 47 U.S.P.Q. 2d (BNA) 1542, 1998 U.S. App. LEXIS 17197, 1998 WL 427443

Opinions

ORDER

A combined petition for rehearing and suggestion for rehearing in banc having been filed by the Cross Appellant, and a response thereto having been invited by the court and filed by the Appellant, and the petition for rehearing having been referred to the panel that heard the appeal and thereafter the suggestion for rehearing in banc and response having been referred to the circuit judges who are in regular active service, and a poll whether to rehear the appeal in banc having been requested, taken, and failed, it is

ORDERED that the petition for rehearing be, and the same hereby is, DENIED; and it is further

ORDERED that the suggestion for rehearing in banc be, and the same hereby is, DECLINED.

Circuit Judge CLEVENGER dissents from the order declining the suggestion for rehearing in banc in a separate opinion, in which Circuit Judge GAJARSA joins.

Chief Judge MAYER did not participate.

The mandate of the court will issue on August 4,1998.