NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

KELLOGG BROWN & ROOT SERVICES, INC.,

Plaintiff-Appellant,

v.

UNITED STATES,

Defendant-Cross Appellant.

______________________ 

2012-5106, -5115

______________________ 

Appeals from the United States Court of Federal 

Claims in No. 09-CV-351, Judge Christine O.C. Miller.

______________________ 

ON PETITION FOR PANEL REHEARING AND 

REHEARING EN BANC

______________________ 

Before RADER, Chief Judge, NEWMAN, LOURIE, DYK, 

PROST, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO,

and CHEN, Circuit Judges.1

1 Circuit Judge Hughes did not participate.

 
2 KELLOGG BROWN & ROOT SERVICES v. US

PER CURIAM. 

O R D E R

Plaintiff-appellant Kellogg Brown & Root Services, 

Inc. filed a petition for rehearing en banc. A response to 

the petition was invited by the court and filed by the 

defendant-cross-appellant. Plaintiff-appellant moved for 

leave to file a reply in support of its petition. The petition

was referred to the panel that heard the appeal, and 

thereafter the petition for rehearing en banc, the response, and the motion for leave to file a reply were 

referred to the circuit judges who are in regular active 

service. 

Defendant-cross-appellant United States also filed a 

combined petition for panel rehearing and rehearing en 

banc. A response to the petition was invited by the court 

and filed by the plaintiff-appellant. The petition was 

referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc and response were 

referred to the circuit judges who are in regular active 

service.

Upon consideration thereof,

It Is Ordered That:

(1) The petition for panel rehearing filed by plaintiffappellant Kellogg Brown & Root Services, Inc. is 

denied.

(2) The petition for rehearing en banc filed by plaintiff-appellant Kellogg Brown & Root Services, Inc. 

is denied.

(3) The petition for panel rehearing filed by defendant-cross-appellant United States is granted-inpart for the limited purpose of deleting the words 
KELLOGG BROWN & ROOT SERVICES v.US 3

“at the Court of Federal Claims” from page 1366 of 

the opinion, reported at 728 F.3d 1348. An errata 

sheet is attached. The panel denies the petition for 

panel rehearing in all other respects.

(4) The petition for rehearing en banc filed by defendant-cross-appellant United States is denied. 

(5) The motion of plaintiff-appellant to withdraw 

counsel Eric A. White is granted. 

(6) The motion of plaintiff-appellant for leave to file a 

reply in support of its petition for rehearing en 

banc is denied. 

(7) The mandate of the court will issue on April 4, 

2014. 

 

 FOR THE COURT

 

March 28, 2014 /s/ Daniel E. O’Toole

 Date Daniel E. O’Toole

 Clerk of Court 
United States Court of Appeals

for the Federal Circuit ______________________ 

March 28, 2014

ERRATA

______________________ 

Appeal Nos. 2012-5106, -5115

KELLOGG BROWN & ROOT SERVICES, INC.

v.

UNITED STATES

Decided: September 5, 2013

Precedential Opinion

______________________ 

Please make the following change:

Page 29, line 30, delete “at the Court of Federal Claims.”