NOTE: This disposition is nonprecedential.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.
                          ORDER
    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 re-
sponse, 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 thereaf-
ter 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 plaintiff-
        appellant Kellogg Brown & Root Services, Inc. is
        denied.

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

    (3) The petition for panel rehearing filed by defend-
        ant-cross-appellant United States is granted-in-
        part 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 

. 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 defend-
       ant-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.”