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GENERAL INJECTABLES & VACCINES, INC. v. GATES

No. 2007-1119.

527 F.3d 1375 (2008)

GENERAL INJECTABLES & VACCINES, INC., Appellant, v. Robert M. GATES, Secretary of Defense, Appellee.

United States Court of Appeals, Federal Circuit.

June 3, 2008.

Attorney(s) appearing for the Case

Bruce E. Fader, Proskauer Rose LLP, of New York, NY, filed a combined petition for panel rehearing and rehearing en banc for appellant. With him on the petition was James F. Segroves, of Washington, DC.

Before MAYER and BRYSON, Circuit Judges, and FOGEL, District Judge.

ON PETITION FOR REHEARING

BRYSON, Circuit Judge.

General Injectables & Vaccines, Inc. ("GIV") has filed a petition for rehearing in which it contends that the panel's interpretation of the "excusable delays" provision at issue in this case, FAR 52.212-4(f), conflicts with several Court of Claims decisions, Poloron Products v. United States, 126 Ct.Cl. 816, 116 F.Supp. 588 (1953), Climatic Rainwear Co. v...

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