United States v. Burlington Northern & Santa Fe Railway Co.

ORDER

The full court has been advised of the petitions for rehearing en banc. A judge of the court requested a vote on en banc rehearing. The majority of the active judges have voted to deny rehearing the matter en banc. Fed. R.App. P. 35(f).

The panel has voted to amend its opinion and to deny appellees’ petitions for rehearing with the following amendments.

The opinion filed March 16, 2007 and amended September 4, 2007, published at 502 F.3d 781 (9th Cir.2007), is hereby further amended as follows:

1.On page 790, add a new footnote 5 after reading:

2.Renumber footnote 7 on page 792 as footnote 8 and replace its text with <0.9 acres 4.7 acres = 0.191 (19.1%). >.

3. In the last paragraph on page 792, replace .

4. In the first paragraph on page 793, replace with.

5. In the first full paragraph on page 794, replace < other indications of federal common law> with < other sources of federal common law>.

6. Replace with …