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Schaeffler Group USA, Inc. v. United States

United States Court of Appeals, Federal Circuit

October 30, 2015

SCHAEFFLER GROUP USA, INC., Plaintiff-Appellant
v.
UNITED STATES, UNITED STATES CUSTOMS AND BORDER PROTECTION, INTERNATIONAL TRADE COMMISSION, THE TIMKEN COMPANY, MPB CORPORATION, Defendants-Appellees

Appeal from the United States Court of International Trade in Nos. 06-CV-0432, 07-CV-0064, 07-CV-0477, 08-CV-0387, 10-CV-0048, Judge Gregory W. Carman.

MAX FRED SCHUTZMAN, Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP, New York, NY, filed a petition for rehearing en banc for plaintiff-appellant. Also represented by ANDREW THOMAS SCHUTZ, KAVITA MOHAN, Washington, DC.

MARTIN M. TOMLINSON, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, filed a response to the petition for defendants-appellees United States, United States Customs and Border Protection. Also represented by BENJAMIN C. MIZER, JEANNE E. DAVIDSON, FRANKLIN E. WHITE, JR.; JESSICA MILLER, SUZANNA HARTZELL-BALLARD, Office of Assistant Chief Counsel, United States Customs and Border Protection, Indianapolis, IN.

PATRICK VINCENT GALLAGHER, JR., Office of the General Counsel, International Trade Commission, Washington, DC, filed a response to the petition for defendant-appellee International Trade Commission. Also represented by ROBIN LYNN TURNER, JAMES M. LYONS, NEAL J. REYNOLDS.

TERENCE PATRICK STEWART, Stewart & Stewart, Washington, DC, for defendants-appellees The Timken Company, MPB Corporation, filed a response to the petition. Also represented by GEERT M. DE PREST, PATRICK JOHN MCDONOUGH.

Before PROST, Chief Judge, NEWMAN, LOURIE, DYK, MOORE, O'MALLEY, WALLACH, CHEN, and STOLL, Circuit Judges.[*] LOURIE, Circuit Judge, dissents from the denial of the petition for rehearing en banc without opinion. WALLACH, Circuit Judge, dissents from the denial of the petition for rehearing en banc.

ON PETITION FOR REHEARING EN BANC

ORDER

Per Curiam.

A petition for rehearing en banc was filed by appellant Schaeffler Group USA, Inc., and responses thereto were invited by the court and filed by the appellees. The petition for rehearing and responses were referred to the panel that heard the appeal, and thereafter, to the circuit judges who are in regular active service. A poll was requested, taken, and failed.

Upon consideration thereof,

It Is Ordered That:

The petition for panel rehearing is denied.
The petition for rehearing en banc is denied.
The mandate of the court will issue on ...

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