IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED November 14, 2008 No. 07-10711 Charles R. Fulbruge III Clerk CADLES OF GRASSY MEADOWS II, L.L.C., by Assignment from Olney Savings Association,

Plaintiff-Appellant,

THE STATE OF TEXAS,

Intervenor Plaintiff-Appellant,

v.

DAVID GOLDNER; ROBERT GOLDNER,

Defendants-Appellees.

Appeals from the United States District Court for the Northern District of Texas

Before DAVIS, SMITH, and DeMOSS, Circuit Judges. PER CURIAM: The petition for panel rehearing is GRANTED. The opinion,

(5th Cir. Sept. 8, 2008), is WITHDRAWN. This matter is REMANDED for fur- ther proceedings in light of Kerlin v. Sauceda,

(Tex. Oct. 10, 2008). We place no limits on what actions the district court may take on re- mand. We intimate no view as to what decisions the district court should make regarding Kerlin or any other issue.