Appeal from the United States Court of International Trade in No. 09-CV-0390, Senior Judge Judith M. Barzilay.
CRAIG E. ZIEGLER, Montgomery, McCracken, Walker & Rhoads, LLP, of Philadelphia, Pennsylvania, filed a petition for rehearing en banc for plaintiff-appellee.
JASON M. KENNER, Trial Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, filed a response for defendant-appellant. With him on the response were JOYCE R. BRANDA, Acting Assistant Attorney General, JEANNE E. DAVIDSON, Director, and AMY M. RUBIN, Assistant Director. Of counsel on the response was BETH C. BROTMAN, Office of the Assistant Chief Counsel, International Trade Litigation, United States Bureau of Customs and Border Protection, of New York, New York.
Before PROST, Chief Judge, NEWMAN, LOURIE, CLEVENGER, DYK, MOORE, O'MALLEY, REYNA, WALLACH, TARANTO, and CHEN, Circuit Judges.
ON PETITION FOR REHEARING EN BANC
A petition for rehearing en banc was filed by plaintiff-appellee GRK Canada, Ltd., and a response thereto was invited by the court and filed by defendant-appellant United States. The petition was first referred as a petition for rehearing to the panel that heard the appeal, and thereafter, the petition for rehearing en banc was referred to the circuit judges who are authorized to request a poll of whether to rehear the appeal en banc. A poll was requested, taken, and failed.
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 December 15, 2014.
For the Court
December 8, 2014
REYNA, Circuit Judge, with whom WALLACH, Circuit Judge, joins, dissenting from the denial of the petition for rehearing en banc.
For the reasons set forth in GRK Canada, LTD. v. U.S., 761 F.3d 1354, 1361-66 (Fed. Cir. 2014) (Reyna, J., dissenting), I respectfully dissent from this Court's denial of the petition for rehearing en banc.
WALLACH, Circuit Judge, with whom REYNA, Circuit Judge, joins,
dissenting from the denial of the petition ...