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U.S. v. MARSHALL

No. 12-20804.

798 F.3d 296 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Elaine T. MARSHALL, Individually, as Executrix of the Estate of E. Pierce Marshall, as Trustee of the E. Pierce Marshall, Jr. Trust and as Trustee of the Preston Marshall Trust; Finley L. Hilliard, Individually, as former executor of the Estate of James Howard Marshall, II and as former Trustee of the Eleanor Pierce (Marshall) Stevens Living Trust; E. Pierce Marshall, Jr., Individually, and as Executor of the Estate of Eleanor Pierce Stevens; Preston Marshall, Co-Trustee of the Eleanor Pierce (Marshall) Stevens Living Trust, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 19, 2015.

Attorney(s) appearing for the Case

Ivan Clay Dale (argued), Tamara W. Ashford, Esq. , Deputy Assistant Attorney, Jonathan S. Cohen , Gilbert Steven Rothenberg, Esq. , Senior Attorney General, U.S. Department of Justice, Washington, DC, Andrew L. Sobotka , U.S. Department of Justice, Dallas, TX, for Plaintiff-Appellee.

William R. Cousins, III (argued), Stephen A. Beck , Robert Don Collier, Esq. , Brian J. Spiegel , Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P., Emily A. Parker, Esq. (argued), Eric Gordon Reis , Scott Patrick Stolley , Thompson & Knight, L.L.P., Dallas, TX, Don Jackson , Ware, Jackson, Lee, O'Neill, Smith & Barrow, L.L.P., Russell Hardin, Jr. , Rusty Hardin & Associates, L.L.P., Scott Patrick Stolley , John William Porter (argued), Jeffrey D. Watters , Baker Botts, L.L.P., Houston, TX, for Defendants-Appellants.

Marcus J. Brooks , Austin, TX, Eileen Janette O'Connor, Esq. , Attorney, Suzanne Ross McDowell, Esq. , Washington, DC, Bennett Evan Cooper , Phoenix, AZ, Eric Rasmusen , Bloomington, IN, for Amicus Curiae.

PRADO, Circuit Judge, filed an opinion dissenting in part.

The petition for rehearing is DENIED. The opinion that issued on November 10, 2014,1 is withdrawn. The following opinions are substituted:

EDWARD C. PRADO, Circuit Judge, writing for the court:

In 1995, J. Howard Marshall, II ("J. Howard")...

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