                 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.
