United States Court of Appeals Fifth Circuit F I L E D In the October 12, 2004 United States Court of Appeals Charles R. Fulbruge III for the Fifth Circuit Clerk

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m 01-10891 _______________

RUBY R. CALAD,

Plaintiff-Appellant- Cross-Appellee,

WALTER PATRICK THORN,

Plaintiff-Cross-Appellee,

VERSUS

CIGNA HEALTHCARE OF TEXAS, INCORPORATED, DOING BUSINESS AS HEALTHSOURCE, DOING BUSINESS AS CIGNA CORPORATION,

Defendant-Appellee,

AETNA U.S. HEALTHCARE; AETNA U.S. HEALTHCARE OF NORTH TEXAS, INC.,

Defendants-Appellees- Cross-Appellants.

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m 01-10905 _______________

JUAN DAVILA,

Plaintiff-Appellant,

VERSUS

AETNA U.S. HEALTHCARE, INC.; AETNA U.S. HEALTHCARE OF NORTH TEXAS, INC.,

Defendants-Appellees.

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Appeals from the United States District Court for the Northern District of Texas Dist. Ct. m 3:00-CV-2368-D (5th Cir. Nos. 01-10891, 01-10905) Dist. Ct. m 3:00-CV-2693-H (5th Cir. m 01-10891)

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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SMITH and BENAVIDES, U.S. ___,

(2004). We re- Circuit Judges.* quested and have received letters from the parties advising of their respective positions PER CURIAM: regarding the appropriate action to be taken by this court on remand. The parties appear to The Supreme Court reversed and remanded agree that this litigation is at an end. Plaintiffs this panel’s opinion. See Roark v. Humana, Calad and Davila have nonsuited their actions Inc.,

(5th Cir. 2002), reversed in state court. sub nom. Aetna Health Inc. v. Davila, ___ Accordingly, the appeals are DISMISSED. All costs are taxed against the plaintiffs. * Judge Parker was a member of this panel but resigned from the court after the initial opinion was issued. This matter is now decided by a quorum. See

(d).