Smith v. Smith

                 IN THE UNITED STATES COURT OF APPEALS

                         FOR THE FIFTH CIRCUIT

                         _____________________

                              No. 96-50569
                         _____________________


     W. BLAKE SMITH, JR. and
     PATTI FAIN SMITH,

                                      Plaintiffs-Appellees,

                                versus

     JEAN S. SMITH, ET AL.,

                                      Defendants,

     JEAN S. SMITH,

                                      Defendant-Appellant.

     _______________________________________________________

         Appeal from the United States District Court for
                   the Western District of Texas
                            (W-94-CV-366)
     _______________________________________________________
                          December 3, 1996

Before REAVLEY, GARWOOD and BENAVIDES, Circuit Judges.

PER CURIAM:*

     We find this appeal to be ruled by F.D.I.C. v. LeGrand, 43

F.3d 163 (5th Cir. 1995).     Although the criminal contempt order

fails for lack of notice, the civil contempt was clearly

warranted.     Accordingly, we affirm the civil portion of the




     *
        Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
contempt order and remand to the district court for enforcement.

The criminal portion of the order is vacated.

     AFFIRMED IN PART; VACATED IN PART.   REMANDED.




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