CADLES OF GRASSY MEADOWS II, L.L.C., by Assignment from Olney Savings Association v. David Goldner; Robert Goldner

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-10711
CADLES OF GRASSY MEADOWS II, L.L.C.,
by Assignment from Olney Savings Association,
Plaintiff-Appellant,
THE STATE OF TEXAS,
Intervenor Plaintiff-Appellant,
v.
DAVID GOLDNER; ROBERT GOLDNER,
Defendants-Appellees.
Appeals from the United States District Court
for the Northern District of Texas
Before DAVIS, SMITH, and DeMOSS, Circuit Judges.
PER CURIAM:
The petition for panel rehearing is GRANTED. The opinion, 542 F.3d 437
(5th Cir. Sept. 8, 2008), is WITHDRAWN. This matter is REMANDED for fur-
ther proceedings in light of Kerlin v. Sauceda, 2008 Tex. LEXIS 943 (Tex. Oct.
10, 2008). We place no limits on what actions the district court may take on re-
mand. We intimate no view as to what decisions the district court should make
regarding Kerlin or any other issue.
United States Court of Appeals
Fifth Circuit
F I L E D
November 14, 2008
Charles R. Fulbruge III
Clerk

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