IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-20361
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MARATHON OIL COMPANY,
MARATHON INTERNATIONAL OIL COMPANY,
and
MARATHON PETROLEUM NORGE A/S,
Plaintiffs-Appellants/
Cross-Appellees,
VERSUS
A.G. RUHRGAS,
Defendant-Appellee/
Cross-Appellant.
_________________________
Appeals from the United States District Court
for the Southern District of Texas
_________________________
June 25, 1999
ON REMAND FROM
THE SUPREME COURT OF THE UNITED STATES
Before KING, Chief Judge, POLITZ, JOLLY, HIGGINBOTHAM, DAVIS,
JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS,
BENAVIDES, STEWART, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:
This court, sitting en banc, reversed and remanded the
judgment of the district court. See Marathon Oil Co. v. A.G.
Ruhrgas, 145 F.3d 211 (5th Cir. 1998) (en banc). The Supreme Court
reversed and remanded the judgment of this court. See Ruhrgas AG
v. Marathon Oil Co., 119 S. Ct. 1563 (1999).
This matter is REMANDED to the panel that originally decided
it. See Marathon Oil Co. v. Ruhrgas, A.G., 115 F.3d 315, 318 (5th
Cir. 1997). The motion to recall mandate is DENIED as unnecessary.
The motion to expedite appeal is CARRIED WITH THE CASE, for
consideration by the panel.
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