Greg Herden, et al v. United State

Filing

OPINION FILED - THE COURT: William Jay Riley, Roger L. Wollman, James B. Loken, Diana E. Murphy, Kermit E. Bye, Michael J. Melloy, Lavenski R. Smith, Steven M. Colloton, Raymond W. Gruender, Duane Benton and Bobby E. Shepherd AUTHORING JUDGE:Kermit E. Bye (PUBLISHED), CONCUR BY: Roger L. Wollman, James B. Loken, Diana E. Murphy, Lavenski R. Smith, Steven M. Colloton, Raymond W. Gruender and Duane Benton DISSENT BY: Michael J. Melloy, with whom Chief Judge William Jay Riley and Bobby E. Shepherd join [4063541] [11-3530]

Greg Herden, et al v. United State

Doc. 812233354 Att. 1

United States Court of Appeals
For The Eighth Circuit
Thomas F. Eagleton U.S. Courthouse
111 South 10th Street, Room 24.329

St. Louis, Missouri 63102
VOICE [phone]
FAX [phone]
www.ca8.uscourts.gov

Michael E. Gans
Clerk of Court

August 09, 2013

West Publishing
Opinions Clerk
610 Opperman Drive
Building D D4-40
Eagan, MN 55123-0000
RE: 11-3530 Greg Herden, et al v. United States
Dear Sirs:
This matter was granted rehearing en banc. No additional briefs were filed and the matter
was argued on April 12, 2013. A published opinion was filed today by the en banc court.
Counsel who presented argument on behalf of the appellants was Jeff Howard Eckland,
of Minneapolis, MN. In addition to Mr. Eckland, the following attorney(s) appeared on the
appellants’ brief; Mark J. Blando and Daniel Julian Cragg, of Minneapolis, MN.
Counsel who presented argument on behalf of the appellee was Dana Joan Martin, of
Washington, DC. The following attorney(s) appeared on the appellee’s brief; Sarah Williams;
Lonnie F. Bryan, AUSA; J. Patrick Glynn, Director, Torts Branch; Christina Falk and David
Fishback, Assistant Directors, Torts Branch; and Gay Elizabeth Kang all of Washington, D.C.
The judge who heard the case in the district court was Honorable John R. Tunheim. The
judgment of the district court was entered on October 3, 2011.
If you have any questions concerning this case, please call this office.
Michael E. Gans
Clerk of Court
LMT
Enclosure(s)
cc: Lois Law
MO Lawyers Weekly
District Court/Agency Case Number(s): 0:10-cv-00435-JRT

Appellate Case: 11-3530

Page: 1

Date Filed: 08/09/2013 Entry ID: 4063541
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