Pac Mtl Life Ins Co v. First Repub Bnk Corp

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 25, 1995
• Docket: 92-01662
• Status: Published

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 92-1662 _____________________

PACIFIC MUTUAL LIFE INSURANCE COMPANY,

Plaintiff-Appellant,

versus

FIRST REPUBLICBANK CORPORATION, ET AL.,

Defendants-Appellees. _______________________________________________________

Appeal from the United States District Court for the Northern District of Texas _______________________________________________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

(May 26, 1995)

Before POLITZ, Chief Judge, REAVLEY and BARKSDALE, Circuit Judges.

PER CURIAM:

We reversed the judgment of the district court with opinion

at 997 F.2d 39 (5th Cir. 1993), and the Supreme Court affirmed by

an equally divided vote. Our mandate has not been issued to the

district court. The Supreme Court has now held § 27A(b) to be an

unconstitutional breach of separation of powers. Plaut v.

Spendthrift Farm, Inc., 115 S.Ct. 1447 (1995). Under that

decision the claims of plaintiff are barred, and the district

court would be unable to do more than repeat its prior judgment.

Therefore, our opinion and judgment are vacated, and the judgment

of the district court is affirmed.

AFFIRMED.