Court of Appeals for the Federal Circuit November 5, 2001, 99-5153 (Rith Energy, Inc. v. United States)

ON PETITION FOR REHEARING

BRYSON, Circuit Judge.

Appellant Rith Energy, Inc., has filed a petition for rehearing. The petition focuses principally on the Supreme Court’s decision in

Palazzolo v. Rhode Island,

533 U.S. 606, 121 S.Ct. 2448, 150 L.Ed.2d 592 (2001), a case that was decided two months after the opinion in this case issued.