Nystrom v. Trex Company, Inc.

Court of Appeals for the Federal Circuit

Sep 14, 2005

2003-1092

Versions:

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:

the petition for panel rehearing is granted for the limited purpose of addressing the effects of Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc) , and
the previous opinion of the court in this appeal, issued on June 28, 2004 and reported at 374 F.3d 1105 , is withdrawn.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.