GDF REALTY INVESTMENTS, LTD.; Parke Properties I, LP; Parke Properties II, LP, Plaintiffs-Appellants,
v.
Gale A. NORTON, Secretary, U.S. Department of the Interior; Marshall P. Jones, Director, U.S. Fish & Wildlife Service, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 27, 2004.
February 27, 2004.
Attorney(s) appearing for the Case
Paul M. Terrill (argued), Vincent Leroy Hazen, Hazen & Terrill, Austin, TX, for Plaintiffs-Appellants.
Stephanie Tai (argued), David C. Shilton, Andrew C. Mergen, U.S. Dept. of Justice, Environment & Nat. Resources Div., Washington, DC, for Defendants-Appellees.
Sydney W. Falk, Jr., Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, Austin, TX, for Texas Farm Bureau, Amicus Curiae.
David E. Haddock, Ol Communications, Malcolm Reed Hopper, Pac. Legal Found., Sacramento, CA, for Pacific Legal Foundation, Amicus Curiae.
Gregory Scott Coleman (argued), Christian Jared Ward, Weil, Gotshal & Manges, Austin, TX, for State of TX, Amicus Curiae.
James B. Dougherty, Washington, DC, for Nat. Wildlife Fed., Amicus Curiae.
Melinda E. Taylor, Env. Defense, Austin, TX, Michael J. Bean, Env. Defense, Michael P. Senatore, Defenders of Wildlife, Washington, DC, for Environmental Defense and Defenders of Wildlife, Amici Curiae.
Before DAVIS, BARKSDALE and DENNIS, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PER CURIAM:
The Petition for Rehearing is DENIED and the court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service not having voted in favor (FED. R.APP. P. and 5TH CIR. R. 35) the Petition for Rehearing En Banc is also DENIED.
EDITH H. JONES, Circuit Judge, joined by E. GRADY JOLLY, JERRY E. SMITH, DeMOSS, EDITH BROWN CLEMENT and PICKERING...
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