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LADD v. U.S.

No. 2010-5010.

646 F.3d 910 (2011)

Jack LADD, Jobeth Ladd, John Ladd, Marie Ladd, Gail A. Lanham, James A. Lindsey, Michael A. Lindsey, William Lindsey, Charlie Miller, Pauline Miller and Raymond Miller, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 26, 2011.

Attorney(s) appearing for the Case

James D. Gette, Attorney, Environment and Natural Resources Division, United States Department of Justice, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for defendant-appellee. With him on the petition was Ignacia S. Moreno, Assistant Attorney General.

Mark F. (Thor) Hearne, II, Arent Fox LLP, of Washington, DC, filed a response to the petition for plaintiffs-appellants. With him on the response were Meghan S. Largent and Lindsay S.C. Brinton.

Greg W. Reilly, Morrison & Ferster LLP, of San Diego, CA, for amicus curiae Rails-To-Trails Conservancy. Of counsel on the brief was Andrea C. Ferster, Rails-To-Trails Conservancy, of Washington, DC.

GAJARSA, Circuit Judge, with whom MOORE, Circuit Judge, joins, dissents from the denial of the petition for rehearing en banc.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

PER CURIAM.

ORDER

A combined petition for panel rehearing and rehearing en banc was filed by Defendant-Appellee, and a response thereto was invited by the court and filed by Plaintiffs-Appellants. The court granted leave to Rails-To-Trails Conservancy to file a brief amicus curiae.

The petition for panel rehearing was considered by the panel that heard the appeal, and thereafter the...

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