United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS November 9, 2004

FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 03-41279 _____________________

DAVID E WEBB; THOMAS DIXON Plaintiffs - Counter Defendants - Appellees

v. CAI WIRELESS SYSTEMS INC; ET AL Defendants

JARED ABBRUZZESE Defendant - Counter Claimant - Appellant

--------------------- Appeal from the United States District Court for the Eastern District of Texas, Sherman ---------------------

Before REAVLEY, JONES and DENNIS, Circuit Judges.*

PER CURIAM:

IT IS ORDERED that the joint motion to set aside the opinion

and judgment issued on September 9, 2004 is granted.

IT IS FURTHER ORDERED that the joint motion to

vacate the judgment of the District Court is granted.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

1 IT IS FURTHER ORDERED that the joint motion to remand the

case to the United States District Court for further proceedings

pursuant to the settlement is granted.

2