IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ No. 96-20361 _______________

MARATHON OIL COMPANY, MARATHON INTERNATIONAL OIL COMPANY, and MARATHON PETROLEUM NORGE A/S, Plaintiffs-Appellants/ Cross-Appellees, VERSUS A.G. RUHRGAS, Defendant-Appellee/ Cross-Appellant.

_________________________ Appeals from the United States District Court for the Southern District of Texas _________________________ June 25, 1999 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before KING, Chief Judge, POLITZ, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER, and DENNIS, Circuit Judges.

PER CURIAM:

This court, sitting en banc, reversed and remanded the judgment of the district court. See Marathon Oil Co. v. A.G.

Ruhrgas, 145 F.3d 211 (5th Cir. 1998) (en banc). The Supreme Court reversed and remanded the judgment of this court. See Ruhrgas AG v. Marathon Oil Co., 119 S. Ct. 1563 (1999).

This matter is REMANDED to the panel that originally decided it. See Marathon Oil Co. v. Ruhrgas, A.G., 115 F.3d 315, 318 (5th Cir. 1997). The motion to recall mandate is DENIED as unnecessary.

The motion to expedite appeal is CARRIED WITH THE CASE, for consideration by the panel.