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ARKANSAS GAME & FISH COM'N v. U.S.

Nos. 2009-5121, 2010-5029.

648 F.3d 1377 (2011)

ARKANSAS GAME & FISH COMMISSION, Plaintiff-Cross Appellant, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 11, 2011.

Attorney(s) appearing for the Case

Julie D. Greathouse , Perkins & Trotter, PLLC, of Little Rock, AR, filed a petition for rehearing en banc for plaintiff-cross appellant. With her on the petition were James F. Goodhart and John P. Marks , Arkansas Game & Fish Commission, of Little Rock, AR.

Robert J. Lundman , Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, filed a response for defendant-appellant. With him on the response was Ignacia S. Moreno , Assistant Attorney General. Of counsel was Sambhav N. Sankar , Attorney.

NEWMAN, Circuit Judge, dissents from the denial of the petition for rehearing en banc.

ON PETITION FOR PANEL REHEARING AND REHEARING EN BANC

PER CURIAM.

ORDER

A petition for rehearing en banc was filed by Plaintiff-Cross Appellant, and a response thereto was invited by the court and filed by Defendant-Appellant. The petition for rehearing was referred to the panel that heard the appeals, and thereafter the petition for rehearing en banc and the response were referred to the circuit judges who are authorized to request a poll of whether...

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