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Robert from yahoo bd

09/02/23 6:53 PM

#766371 RE: Donotunderstand #766359

Well, I believe EN BANC is something that happens ONLY after:

(1). There has been an appeal to a 3 Judge panel and they have ruled against you; AND

(2) Either a Majority of all the Judges or ALL the Judges in the that Circuit agree to hear the appeal from the 3 Judge panel.

However, Sweeney's federal court is a relatively special federal court, the US Court of Federal Claims (i.e., it is NOT one of the 12 or 13 federal circuits) and the rules of the court may or may not be different there.

Needless to say, multi Billion Dollar Litigation just takes time.