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Billy J. MULLINS, Jr.; Faraway Enterprises, Plaintiffs-Appellants-Cross-Appellees v. TESTAMERICA INC.; Sagaponack Partners LP, Defendants-Appellees-Cross-Appellants

United States Court of Appeals for the Fifth Circuit2009-04-27No. No. 08-11074
323 F. App'x 338

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Opinion

majority opinion

. PER CURIAM:

In view of this court’s decision to vacate the district court’s judgment on Plaintiff Faraway Enterprises’ breach of contract and other claims, see Mullins v. TestAmerica Inc., 564 F.3d 386, 418 (5th Cir.2009), the district court’s memorandum opinion and order on attorney’s fees entered on October 8, 2008 is hereby vacated. This case is remanded to the district court for such further proceedings as may be appropriate. Each party shall bear its own costs.

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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.