Timothy Moore v. United States

United States Court of Appeals
for the Federal Circuit
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TIMOTHY MOORE,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
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2022-1475
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Appeal from the United States Court of Federal Claims
in No. 1:21-cv-01931-CFL, Senior Judge Charles F. Lettow.
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SUA SPONTE HEARING EN BANC
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P ETER BROIDA, Arlington, VA, for plaintiff-appellant.
RAFIQUE O MAR ANDERSON, Commercial Litigation
Branch, Civil Division, United States Department of Jus-
tice, Washington, DC, for defendant-appellee. Also repre-
sented by REGINALD T HOMAS BLADES , J R., BRIAN M.
BOYNTON, P ATRICIA M. MCCARTHY .
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Before M OORE, Chief Judge, N EWMAN, L OURIE, D YK,
P ROST , REYNA, T ARANTO, CHEN, HUGHES , S TOLL ,
CUNNINGHAM , and STARK, Circuit Judges.
Case: 22-1475 Document: 38 Page: 1 Filed: 04/28/2023

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MOORE v. US 2
P ER CURIAM .
O R D E R
This case was argued before a panel of three judges on
February 6, 2023. A sua sponte request for a poll on
whether to consider this case en banc was made. A poll
was conducted, and a majority of the judges who are in reg-
ular active service voted for sua sponte en banc considera-
tion.
Accordingly,
I T I S O RDERED T HAT :
This case is heard en banc sua sponte under 28 U.S.C.
§ 46 and Federal Rule of Appellate Procedure 35(a) for the
limited purpose of overruling Yant v. United States,
588 F.3d 1369 (Fed. Cir. 2009). The court en banc consists
of all circuit judges in regular active service who are not
recused or disqualified.
April 28, 2023
Date
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
Case: 22-1475 Document: 38 Page: 2 Filed: 04/28/2023

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