Usdc-Mt
Burlington Northern & Santa Fe Railway v. United States District Court for the District of Montana
Opinion
Opinion
Goodwin, J.
ORDER AND AMENDED OPINION
ORDER
The opinion filed March 31, 2005, slip op. 3893, and appearing at 403 F.3d 1042 (9th Cir.2005), is amended as follows:
. At 403 F.3d 1047 (slip op. 3903, 3rd line from the bottom of the page), delete the text after “... the following factors:” to just before “(where providing particulars ... ”) and replace with the following:
At 403 F.3d 1047 (slip op. 3904, at the end of the first continuation paragraph), after the word “format.”, add the following:
With these amendments, the panel has voted unanimously to deny the petition for rehearing. Chief Judge Schroeder and Judge Graber have voted to deny the petition for rehearing en banc, and Judge Goodwin recommended denial.
The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for rehearing is DENIED and the petition for rehearing en banc is DENIED.
No further petitions for rehearing or rehearing en banc shall be entertained.
OPINION
Burlington Northern & Santa Fe Railway Company (“Burlington”) petitions this court for a writ of mandamus to overturn the District…