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WATERFOWL LTD. LIABILITY CO. v. U.S.

No. 05-30219.

473 F.3d 135 (2006)

WATERFOWL LIMITED LIABILITY CO.; Lacassane Company, Inc.; Plaintiffs-Appellees, Jardin Minerals Co.; Bruiere Minerals Co.; Intervenor Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Intervenor Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 12, 2006.

Attorney(s) appearing for the Case

Richard E. Gerard, Jr. (argued), John B. Scofield, C. Eston Singletary, Scofield, Gerard, Veron, Singletary & Pohorelsky, Lake Charles, LA, for Plaintiffs-Appellees.

Robert L. Cabes (argued), Milling, Benson & Woodward, Lafayette, LA, for Intervenor Plaintiffs-Appellees.

John Smeltzer (argued), U.S. Dept. of Justice, ENS Div., Washington, DC, for U.S.

Before JOLLY, SMITH and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

In response to the Petition for Panel Rehearing filed by Intervenor Plaintiffs-Appellees Jardin Minerals Co. and Bruiere Minerals Co., and having duly considered the response and the reply, we grant rehearing, withdraw the prior panel opinion, 453 F.3d 291, in its entirety and substitute the following:

The United States appeals a judgment that its mineral royalty, attached to mineral servitudes...

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