Order — On Petition for Panel Rehearing and Rehearing En Banc — 112 Genesee Street, LLC, et al. v. United States (Federal Circuit, 2025-1373, June 29, 2026)
Summary
A nonprecedential order of the U.S. Court of Appeals for the Federal Circuit in 112 GENESEE STREET, LLC, ET AL. v. UNITED STATES, No. 2025-1373, an appeal by the United States from the Court of Federal Claims in No. 1:23-cv-01876-RAH. The United States filed a combined petition for panel rehearing and rehearing en banc, and the appellees filed a response at the court's invitation. In a per curiam order dated June 29, 2026, the court denied both the petition for panel rehearing and the petition for rehearing en banc. Circuit Judge Newman did not participate, and Richard G. Andrews, District Judge for the District of Delaware, sitting by designation, took part only in the decision on panel rehearing.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 1:23-cv-01876-RAH Document 66 Filed 06/29/26 Page 1 of 2
Case: 25-1373 Document: 57 Page: 1 Filed: 06/29/2026
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
112 GENESEE STREET, LLC, ET AL.
Plaintiffs-Appellees
v.
UNITED STATES,
Defendant-Appellant
______________________
2025-1373
______________________
Appeal from the United States Court of Federal Claims
in No. 1:23-cv-01876-RAH, Judge Richard A. Hertling.
______________________
ON PETITION FOR PANEL REHEARING AND
REHEARING EN BANC
______________________
Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA,
TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and
STARK, Circuit Judges, 1 and ANDREWS, District Judge. 2
1 Circuit Judge Newman did not participate.
2 Honorable Richard G. Andrews, District Judge,
United States District Court for the District of Delaware,
Case 1:23-cv-01876-RAH Document 66 Filed 06/29/26 Page 2 of 2
Case: 25-1373 Document: 57 Page: 2 Filed: 06/29/2026
2 112 GENESEE STREET, LLC v. US
PER CURIAM.
ORDER
The United States filed a combined petition for panel
rehearing and rehearing en banc. A response to the petition
was invited by the court and filed by Appellees 112 Genesee
Street, LLC, 1233 Polk Street, LLC, et al. The petition was
referred to the panel that heard the appeal, and thereafter
the petition was referred to the circuit judges who are in
regular active service.
Upon consideration thereof,
IT IS ORDERED THAT:
The petition for panel rehearing is denied.
The petition for rehearing en banc is denied.
FOR THE COURT
June 29, 2026
Date
sitting by designation, participated only in the decision on
the petition for panel rehearing.
File and source
- File
- gov.uscourts.uscfc.48805.66.0_CAFC-ORDER-rehearing-denied_2026-06-29.pdf
- Size
- 123,264 bytes
- SHA-256
- b060d03f16642d161a9ab37c9a2cc74992aaf76d1e9cd72a254b71add7ce7c48
- Original
- No public link identified.