Roark v. Humana Inc, et al

United States Court of Appeals
Fifth Circuit
F I L E D
October 12, 2004
Charles R. Fulbruge III
Clerk
In the
United States Court of Appeals
for the Fifth Circuit
_______________
m 01-10891
_______________
RUBY R. CALAD,
Plaintiff-Appellant-
Cross-Appellee,
WALTER PATRICK THORN,
Plaintiff-Cross-Appellee,
VERSUS
CIGNA HEALTHCARE OF TEXAS, INCORPORATED,
DOING BUSINESS AS HEALTHSOURCE,
DOING BUSINESS AS CIGNA CORPORATION,
Defendant-Appellee,
AETNA U.S. HEALTHCARE;
AETNA U.S. HEALTHCARE OF NORTH TEXAS, INC.,
Defendants-Appellees-
Cross-Appellants.
* * * * * * * * * * * * * * *

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_______________
m 01-10905
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JUAN DAVILA,
Plaintiff-Appellant,
VERSUS
AETNA U.S. HEALTHCARE, INC.;
AETNA U.S. HEALTHCARE OF NORTH TEXAS, INC.,
Defendants-Appellees.
_________________________
Appeals from the United States District Court
for the Northern District of Texas
Dist. Ct. m 3:00-CV-2368-D (5th Cir. Nos. 01-10891, 01-10905)
Dist. Ct. m 3:00-CV-2693-H (5th Cir. m 01-10891)
_________________________
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before SMITH and BENAVIDES,
Circuit Judges.*
PER CURIAM:
The Supreme Court reversed and remanded
this panel’s opinion. See Roark v. Humana,
Inc., 307 F.3d 298 (5th Cir. 2002), reversed
sub nom. Aetna Health Inc. v. Davila, ___
U.S. ___, 124 S. Ct. 2488 (2004). We re-
quested and have received letters from the
parties advising of their respective positions
regarding the appropriate action to be taken by
this court on remand. The parties appear to
agree that this litigation is at an end. Plaintiffs
Calad and Davila have nonsuited their actions
in state court.
Accordingly, the appeals are DISMISSED.
All costs are taxed against the plaintiffs.
* Judge Parker was a member of this panel but
resigned from the court after the initial opinion was
issued. This matter is now decided by a quorum.
See 28 U.S.C. § 46(d).

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