FRANCWAY v. WILKIE [ORDER - NONPRECEDENTIAL] , No. 18-2136 (Fed. Cir. 2019)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 23, 2019.
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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ERNEST L. FRANCWAY, JR., Claimant-Appellant v. ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee ______________________ 2018-2136 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 16-3738, Judge Michael P. Allen, Judge Amanda L. Meredith, Judge Joseph L. Toth. ______________________ SUA SPONTE REHEARING EN BANC ______________________ Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, CHEN, HUGHES, and STOLL, Circuit Judges. PER CURIAM. ORDER This case was argued before a panel of three judges on June 6, 2019. A sua sponte request for a poll on whether FRANCWAY v. WILKIE 2 to consider this case en banc was made. A poll was conducted, and the judges who are in regular active service voted for sua sponte en banc consideration. Accordingly, I T I S ORDERED THAT: 1. Rehearing en banc is granted for the limited purpose of deleting footnote 1 and accompanying text from the previous precedential opinion and replacing it with a new en banc footnote 1. 2. The previous precedential opinion, dated July 23, 2019, is hereby withdrawn and replaced with the modified precedential opinion attached to this order. FOR THE COURT October 15, 2019 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court
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