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DUMARCE v. KEMPTHORNE

No. 05-1104.

466 F.3d 1021 (2006)

HARVEY DUMARCE, KENNETH ERVIN DUMARCE, COLLEEN RENVILLE DUMARCE, PAMELA RENVILLE, and DENNIS L. DUMARCE, SR., Plaintiffs-Appellees, v. DIRK KEMPTHORNE, Secretary of the Interior, DEPARTMENT OF THE INTERIOR, and UNITED STATES, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

October 4, 2006.

Attorney(s) appearing for the Case

David P. Graham, Oppenheimer Wolff & Donnelly LLP, of Minneapolis, Minnesota, filed a petition for rehearing en banc for plaintiffs-appellees. With him on the petition was David A. Prange.

Kathryn E. Kovacs, Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, filed a response to the petition for defendants-appellants. With her on the response was Sue Ellen Wooldridge, Assistant Attorney General.

Before MICHEL, Chief Judge, NEWMAN, MAYER, LOURIE, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE, Circuit Judges.

ORDER

A petition for rehearing en banc was filed by the Appellees, and a response thereto was invited by the court and filed by the Appellants. The matter was referred first as petition for panel rehearing to the panel that heard the appeal, and thereafter the petition for rehearing en banc and response were referred to the circuit judges who are authorized to request a poll whether to rehear the appeal en banc. A poll was requested, taken, and failed.

Upon...

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