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LATIOLAIS v. HUNTINGTON INGALLS, INC.

No. 18-30652.

951 F.3d 286 (2020)

James A. LATIOLAIS, Plaintiff-Appellee, v. HUNTINGTON INGALLS, INCORPORATED, formerly known as Northrop Grumman Shipbuilding, Incorporated, formerly known as Northrop Grumman Ship Systems, Incorporated, formerly known as Avondale Industries, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED February 24, 2020.

Attorney(s) appearing for the Case

Jody Edward Anderman , Cameron Ray Waddell , Litigation Counsel, Waddell Anderman, L.L.C., Baton Rouge, LA, Sean Patrick Brady, Esq. , Thomas More Flanagan , Anders F. Holmgren , Flanagan Partners, L.L.P., New Orleans, LA, for Plaintiff-Appellee.

Gregory George Garre , Charles S. Dameron , Latham & Watkins, L.L.P., Washington, DC, David Michael Melancon, Esq. , David Wayne O'Quinn, Esq. , Irwin Fritchie Urquhart & Moore, L.L.C., New Orleans, LA, for Defendant-Appellant.

Clinton Frederick Beckner, III , Sidley Austin, L.L.P., Washington, DC, for Amicus Curiae Chamber of Commerce of the United States of America.

David Ryan Cannella , Baron & Budd, New Orleans, LA, for Amicus Curiae Henry C. Johnson, Jr.

Richard Abbott Samp , Chief Counsel, Arlington, VA, for Amicus Curiae Washington Legal Foundation.

Anthony F. Shelley , Adam P. Feinberg, Esq. , Miller & Chevalier Chartered, Washington, DC, for Amicus Curiae Blue Cross Blue Shield Association.

William Harty , Litigation Counsel, Patten, Wornom, Hatten & Diamonstein, Newport News, VA, for Amicus Curiae Sea Service Family Foundation.

Before OWEN, Chief Judge, and JONES, SMITH, STEWART, DENNIS, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, WILLETT, HO, DUNCAN, and OLDHAM, Circuit Judges.

ON PETITION FOR REHEARING EN BANC

This appeal was reconsidered en banc because Fifth Circuit precedents concerning the scope of the revised Federal Officer Removal Statute, 28 U.S.C. § 1442(a)(1), were extraordinarily confused. See Latiolais v. Huntington Ingalls, Inc., 918 F.3d...

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