Martin Marietta Materials, et al v. Kansas DOT, et al

Filing

[10334068] Affirmed; Terminated on the merits after oral hearing; Written, signed, published. Judges Kelly, Phillips (author) and Moritz (concurring in part and dissenting in part). Mandate to issue. [13-3314]

Appellate Case: 13-3314

Document: 01019553160

Date Filed: 01/13/2016

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
OFFICE OF THE CLERK
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257
[phone]
Elisabeth A. Shumaker
Clerk of Court

January 13, 2016

Chris Wolpert
Chief Deputy Clerk

Mr. Chad E. Blomberg
Mr. David Ryan Frye
Mr. Roland Brook Miller III
Lathrop & Gage
2345 Grand Boulevard, Suite 2200
Kansas City, MO 64108
Mr. Daniel L. Delnero
Mr. Wayne Phears
McGuire Woods
1230 Peachtree Street NE, Suite 2100
Atlanta, GA 30309
RE:

13-3314, Martin Marietta Materials, et al v. Kansas DOT, et al
Dist/Ag docket: 2:12-CV-02699-SAC-KGS

Dear Counsel:
Enclosed is a copy of the opinion of the court issued today in this matter. The court has
entered judgment on the docket pursuant to Fed. R. App. P. Rule 36.
Pursuant to Fed. R. App. P. Rule 40, any petition for rehearing must be filed within 14
days after entry of judgment. Please note, however, that if the appeal is a civil case in
which the United States or its officer or agency is a party, any petition for rehearing must
be filed within 45 days after entry of judgment. Parties should consult both the Federal
Rules and local rules of this court with regard to applicable standards and requirements.
In particular, petitions for rehearing may not exceed 15 pages in length, and no answer is
permitted unless the court enters an order requiring a response. If requesting rehearing en
banc, the requesting party must file 12 paper copies with the clerk, in addition to
satisfying all Electronic Case Filing requirements. See Fed. R. App. P. Rules 35 and 40,
and 10th Cir. R. 35 and 40 for further information governing petitions for rehearing.

Appellate Case: 13-3314

Document: 01019553160

Date Filed: 01/13/2016

Please contact this office if you have questions.
Sincerely,

Elisabeth A. Shumaker
Clerk of the Court

cc:

Carmen D. Tucker Bakarich
Charles E. Millsap
Gelene D. Savage
Lyndon W. Vix

EAS/mb

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