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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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