Moore v. United States

Opinion

Case: 22-1475 Document: 38 Page: 1 Filed: 04/28/2023

United States Court of Appeals for the Federal Circuit ______________________

TIMOTHY MOORE, Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2022-1475 ______________________

Appeal from the United States Court of Federal Claims in No. 1:21-cv-01931-CFL, Senior Judge Charles F. Lettow. ______________________

SUA SPONTE HEARING EN BANC ______________________

PETER BROIDA, Arlington, VA, for plaintiff-appellant.

RAFIQUE OMAR ANDERSON, Commercial Litigation Branch, Civil Division, United States Department of Jus- tice, Washington, DC, for defendant-appellee. Also repre- sented by REGINALD THOMAS BLADES, JR., BRIAN M. BOYNTON, PATRICIA M. MCCARTHY. ______________________

Before MOORE, Chief Judge, NEWMAN, LOURIE, DYK, PROST, REYNA, TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and STARK, Circuit Judges. Case: 22-1475 Document: 38 Page: 2 Filed: 04/28/2023

PER CURIAM.

ORDER This case was argued before a panel of three judges on February 6, 2023. A sua sponte request for a poll on whether to consider this case en banc was made. A poll was conducted, and a majority of the judges who are in reg- ular active service voted for sua sponte en banc considera- tion. Accordingly, IT IS ORDERED THAT: This case is heard en banc sua sponte under 28 U.S.C. § 46 and Federal Rule of Appellate Procedure 35(a) for the limited purpose of overruling Yant v. United States, 588 F.3d 1369 (Fed. Cir. 2009). The court en banc consists of all circuit judges in regular active service who are not recused or disqualified.

FOR THE COURT

April 28, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court