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MARATHON OIL CO. v. U.S.

No. 97-5146.

177 F.3d 1331 (1999)

MARATHON OIL COMPANY and Mobil Oil Exploration & Producing Southeast, Inc., Plaintiffs-Appellees, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

May 13, 1999.

Attorney(s) appearing for the Case

E. Edward Bruce, Covington and Burling, of Washington, DC, for plaintiffs-appellees. With him on the brief was Steven J. Rosenbaum.

Mark A. Melnick, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for defendant-appellant. With him on the brief were, Stuart E. Schiffer, Deputy Assistant Attorney General, and David M. Cohen, Director.

J. Berry St. John, Jr., Liskow & Lewis, of New Orleans, Louisiana, for amici curiae. With him on the brief was Craig Wyman.

Before NEWMAN, PLAGER, and RADER, Circuit Judges.

Opinion for the court filed by Circuit Judge PLAGER. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

ORDER

A combined petition for rehearing and suggestion for rehearing in banc having been filed by appellees, and a response thereto having been invited by the court and filed by the appellant,

Upon consideration thereof, it is

ORDERED that the petition for rehearing be granted for the limited purpose of clarifying this court...

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