William F. Allen, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans Affairs

268 F.3d 1340, 2001 U.S. App. LEXIS 22452, 2001 WL 1230997

Opinions

Dissenting opinion filed by Circuit Judge CLEVENGER, in which Circuit Judges LOURIE, RADER, GAJARSA, and DYK join.

ORDER

This case was argued before a panel of the court on November 3, 2000, and the court’s decision and judgment were issued on February 2, 2001. The Secretary of Veterans Affairs filed a combined petition for panel rehearing and rehearing en banc and William F. Allen, by invitation of the court, filed a response.

The petition for rehearing was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc and response were referred to the circuit judges who are in regular active service. A poll of the judges in regular active service was conducted to determine whether the appeal should be reheard en banc. Upon consideration thereof, IT IS ORDERED THAT:

(1) The petition for panel rehearing is denied.

(2) The petition for rehearing en banc is denied.

(3) The mandate of the court will issue on October 23, 2001.