Narrative Opinion Summary
The court orders that both parties have misinterpreted the panel opinion, which does not require further clarification. It emphasizes the necessity for an objective analysis of the Penn Central factors upon remand. The panel has reviewed the United States' petition for rehearing and the Plaintiffs-Appellants' response, resulting in a denial of the petition. The court's mandate is set to issue on November 13, 2003.
Legal Issues Addressed
Denial of Petition for Rehearingsubscribe to see similar legal issues
Application: The court denies the United States' petition for rehearing after reviewing both the petition and the Plaintiffs-Appellants' response.
Reasoning: The panel has reviewed the United States' petition for rehearing and the Plaintiffs-Appellants' response, resulting in a denial of the petition.
Interpretation of Panel Opinionsubscribe to see similar legal issues
Application: The court clarifies that both parties have misinterpreted the panel opinion, suggesting there is no requirement for further clarification by the court.
Reasoning: The court orders that both parties have misinterpreted the panel opinion, which does not require further clarification.
Issuance of Court Mandatesubscribe to see similar legal issues
Application: The court specifies the date on which its mandate will be issued, finalizing the timeline for the case proceedings.
Reasoning: The court's mandate is set to issue on November 13, 2003.
Objective Analysis of Penn Central Factorssubscribe to see similar legal issues
Application: The court emphasizes the need for an objective analysis of the Penn Central factors upon remand, indicating that both parties have misinterpreted the panel opinion.
Reasoning: It emphasizes the necessity for an objective analysis of the Penn Central factors upon remand.