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STONE v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 2011-5109, 2011-5117.

690 F.3d 1380 (2012)

Jennifer STONE and Gary Stone, Parents and Next Friends of, Amelia Stone, a Minor, Petitioners-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Respondent-Appellee. Scott R. Hammitt, as the Legal Representative of his Minor Daughter, Rachel Hammitt, Petitioner-Appellant, v. Secretary of Health and Human Services, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 27, 2012.

Attorney(s) appearing for the Case

Richard Gage, Richard Gage, P.C., of Cheyenne, WY, filed a consolidated petition for rehearing en banc for petitioners-appellants in appeal no. 2011-5109. With him on the petition was Curtis R. Webb, of Twin Falls, ID, for petitioner-appellant in appeal no. 2011-5117.

Alexis B. Babcock, Trial Attorney, Torts Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a response for respondent-appellee in appeal no. 2011-5109. With her on the response was Althea W. Davis, Senior Trial Counsel for respondent-appellee in appeal no. 2011-5117; Stuart F. Delery, Acting Assistant Attorney General, Rupa Bhattacharyya, Director, Mark W. Rogers, Deputy Director, Gabrielle M. Fielding, Assistant Director, and Catharine E. Reeves, Assistant Director.

NEWMAN, Circuit Judge, dissents from the denial of the petition for rehearing en banc.

ORDER

PER CURIAM.

A consolidated petition for rehearing en banc was filed by the Petitioners-Appellants, and a response thereto was invited by the court and filed by the Respondent-Appellee. The petition for rehearing was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc and the response were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeal en banc. A poll was...

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