Case: 22-1475 Document: 38 Page: 1 Filed: 04/28/2023
United States Court of Appeals
for the Federal Circuit
______________________
TIMOTHY MOORE,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2022-1475
______________________
Appeal from the United States Court of Federal Claims
in No. 1:21-cv-01931-CFL, Senior Judge Charles F. Lettow.
______________________
SUA SPONTE HEARING EN BANC
______________________
PETER BROIDA, Arlington, VA, for plaintiff-appellant.
RAFIQUE OMAR ANDERSON, Commercial Litigation
Branch, Civil Division, United States Department of Jus-
tice, Washington, DC, for defendant-appellee. Also repre-
sented by REGINALD THOMAS BLADES, JR., BRIAN M.
BOYNTON, PATRICIA M. MCCARTHY.
______________________
Before MOORE, Chief Judge, NEWMAN, LOURIE, DYK,
PROST, REYNA, TARANTO, CHEN, HUGHES, STOLL,
CUNNINGHAM, and STARK, Circuit Judges.
Case: 22-1475 Document: 38 Page: 2 Filed: 04/28/2023
2 MOORE v. US
PER CURIAM.
ORDER
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,
IT IS ORDERED THAT:
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.
FOR THE COURT
April 28, 2023 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
