United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS October 5, 2006 FOR THE FIFTH CIRCUIT ________________ Charles R. Fulbruge III Clerk No. 04-60765 Summary Calendar ________________ DONALD GARNER Plaintiff - Appellant v. ASHLEY FURNITURE INDUSTRIES INC Defendant - Appellee ________________________________________________ Appeal from the United States District Court for the Northern District of Mississippi, Aberdeen No. 1:03-CV-71-D-D __________________________________________________ ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JONES, Chief Judge, and KING and DENNIS, Circuit Judges.

PER CURIAM:* On June 30, 3006, the Supreme Court vacated the judgment of this court in this case and remanded the case to this court for further consideration in light of Burlington N. & S.F.R.Co. v. White, 548 U.S. ___ (2006). Upon reconsideration, we vacate the judgment of the district court and remand for reconsideration in the light of Burlington. VACATED and REMANDED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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