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BNSF RAILWAY CO. v. U.S.

No. 13-10014.

775 F.3d 743 (2015)

BNSF RAILWAY COMPANY, formerly The Burlington Northern and Santa Fe Railway Company, as successor by merger to Burlington Northern Railroad Company and The Atchison Topeka and Santa Fe Railway Company, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 15, 2015.

Attorney(s) appearing for the Case

Mary Bell Hevener, Esq. , Steven Paul Johnson , Robert Ryan Martinelli , Morgan, Lewis & Bockius, L.L.P., Washington, DC, William F. Colgin, Jr. , Attorney, Morgan, Lewis & Bockius, L.L.P., Palo Alto, CA, Allyson Newton Ho , Ellen L. Perlioni , John Clay Sullivan , Morgan, Lewis & Bockius, L.L.P., Dallas, TX, for Plaintiff-Appellee.

Ellen Page DelSole, Esq. , Trial Attorney, Kenneth L. Greene, Esq. , Supervisory Attorney, Francesca Ugolini , U.S. Department of Justice, Washington, DC, Curtis Cutler Smith , U.S. Department of Justice, Dallas, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, OWEN, and HIGGINSON, Circuit Judges.

ON PETITION FOR REHEARING

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for rehearing is GRANTED. We WITHDRAW our earlier opinion, BNSF Railway Company v. United States,1 in its entirety, and SUBSTITUTE the following...

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