City of Austin v. Decker Coal Co.

Fifth Circuit

City of Austin v. Decker Coal Co.

705 F.2d 1448, 1983 U.S. App. LEXIS 27212

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 31, 1983

DocketNo. 81-1618

StatusPublished

Cited by1 cases

This text of 705 F.2d 1448 (City of Austin v. Decker Coal Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Austin v. Decker Coal Co., 705 F.2d 1448, 1983 U.S. App. LEXIS 27212 (5th Cir. 1983).

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Opinion

PER CURIAM:

No member of this panel nor judge in regular active service on the Court having [1449]*1449requested that the Court be polled on rehearing en bane, the Suggestion for Rehearing En Banc is DENIED.

The panel has carefully considered the Petition for Rehearing. No new light has been shed on this case by the substantive arguments. As to the point made that the panel opinion cites to the interrogatories in its factual recitation and in support of its decision, we recognize that the interrogatories were not entered into the record. The case was tried on the stipulation of facts. The differences between the stipulation and the interrogatories are not significant in the context with which we are here concerned. The stipulated facts amply support the conclusion that the determination made by the Montana Department of State Lands was based on a lengthy, extensive investigation and was not a mere ministerial action by MDSL.

The Petition for Rehearing is, therefore, also DENIED.

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PER CURIAM:

No member of this panel nor judge in regular active service on the Court having [1449]*1449requested that the Court be polled on rehearing en bane, the Suggestion for Rehearing En Banc is DENIED.

The panel has carefully considered the Petition for Rehearing. No new light has been shed on this case by the substantive arguments. As to the point made that the panel opinion cites to the interrogatories in its factual recitation and in support of its decision, we recognize that the interrogatories were not entered into the record. The case was tried on the stipulation of facts. The differences between the stipulation and the interrogatories are not significant in the context with which we are here concerned. The stipulated facts amply support the conclusion that the determination made by the Montana Department of State Lands was based on a lengthy, extensive investigation and was not a mere ministerial action by MDSL.

The Petition for Rehearing is, therefore, also DENIED.

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705 F.2d 1448, 1983 U.S. App. LEXIS 27212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-austin-v-decker-coal-co-ca5-1983.

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