United States v. Sid-Mars Restaurant & Lounge, Inc.

LESLIE H. SOUTHWICK, Circuit Judge:

No member of the panel nor judge in regular active service of the court requested the court be polled on rehearing en banc. The petition for rehearing en banc is DENIED. See 5th Cir. R. 35. Treating that petition as a petition for panel rehearing, the panel DENIES the petition but supplements the discussion of Alonzo v. United States, 249 F.2d 189 (10th Cir. 1957). See United States v. Sid-Mars, 644 F.3d 270, 279 (5th Cir.2011).

Though the United States had not yet condemned and obtained title to the land at issue here at the time that the state court suit…