Opinion
No. 07-10711.
November 14, 2008.
Beverly Ann Whitley (argued), Bell, Nunnally Martin, Dallas, TX, for Plaintiff-Appellant.
Greg C. Noschese, Holly Michele Church, Munsch, Hardt, Kopf Harr, LaDawn H. Conway (argued), Alexander, Dubose, Jones Townsend, LLP, Dallas, TX, for the Goldners.
Ranee Lamar Craft (argued), Shelley Nieto Dahlberg, Austin, TX, for State of Texas.
Appeals from the United States District Court for the Northern District of Texas; Barbara M.G. Lynn, Judge.
Before DAVIS, SMITH and DeMOSS, Circuit Judges.
The petition for panel rehearing is GRANTED. The opinion, 542 F.3d 437 (5th Cir. 2008), is WITHDRAWN. This matter is REMANDED for further proceedings in light of Kerlin v. Sauceda, 263 S.W.3d 920 (Tex. 2008). We place no limits on what actions the district court may take on remand. We intimate no view as to what decisions the district court should make regarding Kerlin or any other issue.