United States Court of Appeals Fifth Circuit F I L E D In the July 7, 2003 United States Court of Appeals Charles R. Fulbruge III Clerk for the Fifth Circuit _______________ m 02-41063 _______________

IN THE MATTER OF: MARK A. EDWARDS, Debtor.

MARK A. EDWARDS, Appellant- Cross-Appellee, VERSUS HARDESTY COMPANY, INC., DOING BUSINESS AS MID-CONTINENT CONCRETE CO., Appellee- Cross-Appellant.

_________________________ Appeals from the United States District Court for the Eastern District of Texas _________________________ ON PETITION FOR REHEARING Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:* IT IS ORDERED that appellant- cross-appellee’s amended motion for permission to file an answer to appellee-cross- appellant’s petition for panel rehearing is GRANTED.

IT IS ORDERED that appellee- cross-appellant’s motion for permission to file a reply to appellant-cross-appellee’s answer to the petition for rehearing is GRANTED.

IT IS ORDERED that the petition for rehearing is GRANTED. The opinion issued on May 21, 2003, is VACATED, and this matter is REMANDED to the district court, which shall remand to the bankruptcy court with direction that the bankruptcy court vacate its order and dismiss the case as moot.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be pub- lished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.