N OTE : This disposition is nonprecedential.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

______________________ Appeal s 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 R ADER , Chief Judge
, N EWMAN , L OURIE , D YK , P ROST , M OORE , O’M ALLEY , R EYNA , W ALLACH , T ARANTO , and C HEN , Circuit Judges

. 1

1 Circuit Judge Hughes did not participate.KELLOGG BROWN & ROOT SERVICES v. US 2

P ER C URIAM

. 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 r esponse , and the motion for leave to file a reply were referred to the circuit judges who are in regular active service.
Defendant

- cross

- appellant U nited 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 therea fter th e 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 plai n tiff

appellant Kellogg Brown & Root Servi ces, Inc. is denied.

(2) The petition for rehearing en banc filed by plai ntiff

- appellant Kellogg Brown & Root Se r vices, Inc. is denied.

(3) The petition for panel rehearing filed by defen dant

- cross

- appellant United States is granted

- in

part for the limited purpo se of deleting the wordsKELLOGG 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 e r rata sheet is attached. The panel denies the pet i tion for panel rehearing in all other respects.

(4) The petition for rehearing en banc filed by d e fen dant

- cross

- appellant United States is denied.

(5) The motion of plaintiff

- appellant to withdraw

co unsel 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 co urt will issue on April 4, 2014

.

F OR THE C OURT

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 No s

. 2012

- 5106,

- 5115

KELLOGG BROWN & ROOT SERVICES, INC.

v.

UNITED STATES

De cided: September 5, 2013 P recedential Opinion

______________________ Please make the following change:

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