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FIRST NATIONAL BANK IN DALLAS, PLAINTIFF-APPELLEE, v. DON ADAMS MINING COMPANY, INC., TERRANCE L. DOLAN, THOMAS J. CLEAR, JR., DON R. ADAMS AND JOE FINO, DEFENDANTS-APPELLANTS.

Pursuant to Fed.R.App.P. 42(b) and the stipulation of the parties, this appeal is dismissed. Our opinion, published at 840 F.2d 766, is withdrawn and our judgment is vacated.

The matter is remanded to the district court with instructions to vacate the judgment appealed. United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950).

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FIRST NAT. BANK IN DALLAS v. DON ADAMS MIN
(May 13, 1988)