Nystrom v. Trex Company, Inc.

United States Court of Appeals for the Federal Circuit
03-1092
RON NYSTROM,
Plaintiff-Appellant,
v.
TREX COMPANY, INC. and TREX COMPANY, LLC,
Defendants-Appellees.
Joseph S. Presta, Nixon & Vanderhye, P.C., of Arlington, Virginia, argued for
plaintiff-appellant.
Patrick J. Coyne, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P, of
Washington, DC, argued for defendants-appellees. With him on the brief was Troy E.
Grabow.
Appealed from: United States District Court for the Eastern District of Virginia
Judge Jerome B. Friedman
United States Court of Appeals for the Federal Circuit
03-1092
RON NYSTROM,
Plaintiff-Appellant,
v.
TREX COMPANY, INC. and TREX COMPANY, LLC,
Defendants-Appellees.
Before MAYER,* GAJARSA, and LINN, Circuit Judges.
ORDER
A combined petition for panel rehearing and rehearing en banc was filed by Trex
Co., Inc. and Trex Co., LLC. A response thereto was invited by the court and filed by
Ron Nystrom. Thereafter, these filings were referred to the merits panel that heard the
appeal.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) the petition for panel rehearing is granted for the limited purpose of
addressing the effects of Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en
banc), and
*
Haldane Robert Mayer vacated the position of Chief Judge on December
24, 2004.
(2) the previous opinion of the court in this appeal, issued on June 28, 2004
and reported at 374 F.3d 1105, is withdrawn. The new opinion accompanies this order.
FOR THE COURT
__Sep 14_2005___ _s/Jan Horbaly___
Date Jan Horbaly
Clerk
03-1092 2