Citizen Action Fund v. City of Morgan City

                IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT



                             No.    97-30983


CITIZEN ACTION FUND, doing business
as Louisiana Citizen Action

                                   Plaintiff - Appellant

   v.

CITY OF MORGAN CITY, ET AL

                                   Defendants

CITY OF MORGAN CITY

                                   Defendant - Appellee

                        ---------------------

        Appeal from the United States District Court for the
                    Western District of Louisiana

                      ---------------------
                          April 14, 1999
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.


BY THE COURT:

     While this cause was pending a petition for rehearing en

banc following our opinion of September 3, 1998, the parties

agreed to a settlement and have filed a motion to dismiss the

appeal.   On consideration of the motion it is ordered that the

agreed motion to dismiss the appeal is GRANTED, and, no poll

having been taken on the petition for rehearing en banc, our

prior opinion herein is WITHDRAWN.      The petition for rehearing en

banc is DENIED AS MOOT, and the appeal is DISMISSED.