Case: 07-50967 Document: 00511213149 Page: 1 Date Filed: 08/24/2010

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

FILED No. 07-50967 August 24, 2010

Lyle W. Cayce TIMOTHY MARK CAMERON ABBOTT, Clerk

Plaintiff-Appellant, v.

JACQUELYN VAYE ABBOTT,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Texas USDC No. 1:06-CV-359

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before KING, WIENER, and ELROD, Circuit Judges. PER CURIAM:* The Supreme Court reversed the decision of this court in Abbott v. Abbott, No. 08-645, —U.S.—,

(2010), and remanded for further proceedings consistent with its opinion. We, in turn, REMAND the case to the district court for further proceedings consistent with the opinion of the Court,

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 07-50967 Document: 00511213149 Page: 2 Date Filed: 08/24/2010

No. 07-50967

including the consideration of the issues in Part IV of that opinion. We GRANT the motion to recall the mandate issued on October 8, 2008.

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