Donald H. Rumsfeld, Secretary of Defense v. Applied Companies, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
Opinion for the Court filed by Circuit Judge SCHALL. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge DYK.
ON PETITION FOR PANEL REHEARING.
ORDER
Applied Companies, Inc. (“Applied”) has petitioned for panel rehearing of the court’s December 10, 2002 decision. Rumsfeld v. Applied Companies, Inc., 318 F.3d 1317 (Fed.Cir.2002) (“Applied”).
This suit arises out of a requirements contract between the Defense Logistics Agency (“DLA”), a component of the Department of Defense, and Applied. Under the contract, during the specified period, DLA was to purchase from Applied all of…
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