National Federation of Federal Employees v. Richard B. Cheney, Secretary of Defense

892 F.2d 98, 36 Cont. Cas. Fed. 75,777, 282 U.S. App. D.C. 82, 1989 U.S. App. LEXIS 19617, 1989 WL 153978

Opinions

On Appellants’ Suggestion for Rehearing En Banc ORDER

PER CURIAM.

Appellants’ Suggestion for Rehearing En Banc has been circulated to the full court. The taking of a vote was requested. Thereafter, a majority of the judges of the court in regular, active service did not vote in favor of the suggestion. Upon consideration of the foregoing it is

ORDERED, by the Court en banc, that the suggestion is denied.

Chief Judge WALD and Circuit Judges MIKVA and EDWARDS would grant the suggestion.

A statement of Circuit Judge D.H. GINSBURG, concurring in the denial of rehearing en banc, joined in by Circuit Judges SILBERMAN, WILLIAMS, and SEN-TELLE is attached.

A statement of Circuit Judge MIKVA, dissenting from the denial of rehearing en banc, joined in by Chief Judge WALD and Circuit Judge HARRY T. EDWARDS, is attached.