United States Court of Appeals Fifth Circuit F I L E D In the May 30, 2007 United States Court of Appeals Charles R. Fulbruge III for the Fifth Circuit Clerk _______________ m 06-40364 _______________ JOHN S. CLARK, INDIVIDUALLY AND AS TRUSTEE OF THE JOHN S. AND LORETTA J. CLARK TRUST, Plaintiff-Appellant, VERSUS DONALD DOUGLAS, ALSO KNOWN AS DONNIE DOUGLAS; CHERYL WALKER DOUGLAS; CADDO CREEK PRODUCTION, INC., A TEXAS CORPORATION; LYLE J. BRANDON; LANA ROBERTS BRANDON, Defendants-Appellees.

_________________________ Appeal from the United States District Court for the Eastern District of Texas m 4:05-CV-290 ______________________________

Before GARWOOD, SMITH, and DEMOSS, The motion to vacate the judgment and to Circuit Judges. remand is DENIED. The alternative motion to remand is GRANTED in part. This matter is PER CURIAM:* REMANDED for the limited purpose of con- ferring on the district court the jurisdiction to * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opin- ion should not be published and is * (...continued) not precedent except under the lim- ited circumstances set forth in 5TH (continued...) CIR. R. 47.5.4. grant a rule 60(b) motion if that court wishes to do so. If that court grants the rule 60(b) motion, it may make findings. This court re- tains jurisdiction in the interim. We express no view on how the district court should rule on the rule 60(b) motion.