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CITY OF AUSTIN v. DECKER COAL COMPANY

No. 81-1618.

705 F.2d 1448 (1983)

CITY OF AUSTIN, TEXAS and Lower Colorado River Authority, Plaintiffs-Appellees, v. DECKER COAL COMPANY, a joint venture, Wytana, Inc. and Western Minerals, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 31, 1983.

Attorney(s) appearing for the Case

Britton White, Jr., Paul D. Phillips, Denver, Colo., Brown, Maroney, Rose, Baker & Barber, Scott P. Kidd, Austin, Tex., for defendants-appellants.

Jerry Harris, City Atty., Terry Irion, Asst. City Atty., Austin, Tex., for plaintiffs-appellees.

Small, Craig & Werkenthin, James Alsup, C.C. Small, Jr., Austin, Tex., for Lower Colorado River Authority.

Before RUBIN, RANDALL and JOLLY, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(March 28, 1983, 701 F.2d 420)

PER CURIAM:

No member of this panel nor judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, the Suggestion for Rehearing En Banc is DENIED.

The panel has carefully considered the Petition for Rehearing. No new light...

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