United States Court of Appeals Fifth Circuit

FILED March 23, 2005 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk No. 05-10048 _____________________

FLOWSERVE US INC Plaintiff - Appellee v. DEPARTMENT OF LABOR; OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Defendants - Appellants --------------------- Appeal from the United States District Court for the Northern District of Texas, Dallas 3:04-CV-868-H --------------------- Before WIENER, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:*

IT IS ORDERED that the appellants’ unopposed motion to

dismiss appeal is GRANTED.

IT IS FURTHER ORDERED that the appellants’ unopposed motion

to vacate the District Court orders of November 2, 2004 and

December 13, 2004 is GRANTED.

IT IS FURTHER ORDERED that the appellants’ unopposed motion

to remand the case to the United States District Court for the

Northern District of Texas, Dallas Division, with directions that

the case be dismissed as moot 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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.