Nystrom v. Trex Company, Inc.
424 F.3d 1136
Fed. Cir.
2005
Check Treatment
Docket

RON NYSTROM, Plaintiff-Appellant, v. TREX COMPANY, INC. and TREX COMPANY, LLC, Defendants-Appellees.

03-1092

United States Court of Appeals for the Federal Circuit

Sep 14 2005

Judge Jerome B. Friedman

Appealed from: United States District Court for the Eastern District of Virginia

Joseph S. Presta, Nixon & Vanderhye, P.C., of Arlington, Virginia, argued for plaintiff-appellant.

Patrick J. Coyne, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of Washington, DC, argued for defendants-appellees. With him on the brief was Troy E. Grabow.

Before MAYER,* GAJARSA, and LINN, Circuit Judges.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by Trex Co., Inc. and Trex Co., LLC. A response thereto was invited by the court and filed by Ron Nystrom. Thereafter, these filings were referred to the merits panel that heard the appeal.

Upon consideration thereof,

IT IS ORDERED THAT:

  1. the petition for panel rehearing is granted for the limited purpose of addressing the effects of
    , and
  2. the previous opinion of the court in this appeal, issued on June 28, 2004 and reported at
    , is withdrawn. The new opinion accompanies this order.

FOR THE COURT

Sep 14 2005

Date

s/Jan Horbaly

Jan Horbaly

Clerk

Notes

*
Haldane Robert Mayer vacated the position of Chief Judge on December 24, 2004.