IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

m 00-50223 _______________

ROBERT STOVALL,

Plaintiff,

JARY M. GANSKE AND SHIRLEY B. GANSKE,

Intervenor Plaintiffs- Counter Defendants- Appellees,

VERSUS

WRS GROUP, LTD., AND DONNA SPENCE, INDEPENDENT EXECUTOR OF THE ESTATE OF WAYMAN R. SPENCE, DECEASED,

Defendants- Intervenor Defendants- Counter Plaintiffs- Appellants,

SCOTT SALMANS,

Defendant-Appellant. _________________________

Appeal from the United States District Court for the Western District of Texas (W-99-CV-239) _________________________ January 3, 2001 ON PETITION FOR REHEARING

Before POLITZ, SMITH, and PARKER, Circuit Judges.

PER CURIAM:*

The petition for rehearing is GRANTED IN PART. The opinion issued on December 7, 2000, is WITHDRAWN, and the following is substituted:

This is essentially a dispute over whether certain matters were settled with finality. We have reviewed the briefs, the record, and the applicable law and have heard and considered the oral arguments of counsel.

We conclude that the matters in dispute were in fact settled by release. Moreover, ap- pellants have failed to demonstrate a material issue of fact with respect to their contract claim. The district court correctly entered a take-nothing judgment and denied the inter- venors’ claims as moot.

AFFIRMED.

In all other respects, the petition for rehear- ing is DENIED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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