Barbara W. Wolff and Janice Wheeler Tinker v. United States

ORDER

The United States having filed a petition for rehearing with a suggestion for rehearing en banc, and the petition having been circulated not only to the original panel members but also to all other active judges of the court, and no judge having requested a vote on the suggestion for rehearing en banc, the petition for rehearing has been referred to the original hearing panel.

The panel notes that the original decision, 967 F.2d 222, is claimed to have been erroneous insofar as it held that absent evidence of a contrary intent by the grantor, federal law looks to state riparian rights law…