PUBLISH

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

_______________

No. 95-5008

_______________

D. C. Docket No. 95-8366-CIV-LCN In re FIRST NATIONAL BANK OF BOSTON, a national banking association,

Petitioner.

______________________________

Appeal from the United States District Court

for the Southern District of Florida

______________________________

(December 24, 1996) Before KRAVITCH, BIRCH and BLACK, Circuit Judges. PER CURIAM:

In view of the parties' settlement of the underlying case in district court, the panel opinion, published at 70 F.3d 1184 (11th Cir. 1996), is VACATED. This case is REMANDED to the district court with instructions that it be DISMISSED as moot.

2