Cadles Grassy Meadow vs. Goldner, (5th Cir. 2008)
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 14, 2008
No. 07-10711
Charles R. Fulbruge III
Clerk
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 The opinion, 542 F.3d 437 (5th Cir. Sept. 8, 2008), is WITHDRAWN.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.
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