Ernest L. Francway, Jr. v. Robert Wilkie, Secretary of Veterans Affairs

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ERNEST L. FRANCWAY, JR.,
Claimant-Appellant
v.
ROBERT WILKIE, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee
______________________
2018-2136
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 16-3738, Judge Michael P. Allen,
Judge Amanda L. Meredith, Judge Joseph L. Toth.
______________________
SUA SPONTE REHEARING EN BANC
______________________
Before P ROST , Chief Judge, NEWMAN , L OURIE, DYK,
MOORE, O’MALLEY, R EYNA, W ALLACH , T ARANTO, C HEN ,
HUGHES, and STOLL , Circuit Judges.
P ER C URIAM.
O R D E R
This case was argued before a panel of three judges on
June 6, 2019. A sua sponte request for a poll on whether

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FRANCWAY v. WILKIE 2
to consider this case en banc was made. A poll was con-
ducted, and the judges who are in regular active service
voted for sua sponte en banc consideration.
Accordingly,
I T I S ORDERED T HAT :
1. Rehearing en banc is granted for the limited pur-
pose of deleting footnote 1 and accompanying
text from the previous precedential opinion and
replacing it with a new en banc footnote 1.
2. The previous precedential opinion, dated July
23, 2019, is hereby withdrawn and replaced with
the modified precedential opinion attached to
this order.
F OR THE C OURT
October 15, 2019 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court

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