WESTROCK VIRGINIA CORPORATION v. UNITED STATES (2019)

United States Court of Appeals, Federal Circuit.

WESTROCK VIRGINIA CORPORATION, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee

2018-1877

Decided: November 04, 2019

Before Prost, Chief Judge, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll, Circuit Judges.

Pamela J. Marple, Michael J. Schaengold, Attorney, Jerry Stouck, Greenberg Traurig LLP, Washington, DC, for Plaintiff-Appellant Geoffrey Klimas, Richard E. Zuckerman, Deputy Assistant Attorney General, Department of Justice Tax Division, Appellate Section, Washington, DC, Bruce R. Ellisen, Department of Justice, Tax Division, Washington, DC, for Defendant-Appellee

ON PETITION FOR REHEARING EN BANC

ORDER

Appellant Westrock Virginia Corporation filed a combined petition for panel rehearing and rehearing en banc. A response to the petition was invited by the court and filed by Appellee United States. The petition was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc was referred to the circuit judges who are in regular active service.

Upon consideration thereof,

It Is Ordered That:

(1) The petition for panel rehearing is granted for the limited purpose of substituting the attached revised opinion for the previously issued opinion. See accompanying order.

(2) The petition for rehearing en banc is denied.

(3) The mandate of the court will issue on December 26, 2019.

Per Curiam.

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