[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 06-12951 March 29, 2007 ________________________ THOMAS K. KAHN CLERK D.C. Docket No. 05-03059 CV-TWT-1

NATIONAL VIATICAL, INC.,

Plaintiff-Appellant,

GROVER T. MITCHELL, DORIS E. MITCHELL,

Interested Parties- Appellants,

versus

HON. JOHN OXENDINE, individually and in his official capacity as Insurance Commissioner of Georgia,

Defendant-Appellee.

________________________

Appeal from the United States District Court for the Northern District of Georgia ________________________

(March 29, 2007) Before DUBINA and COX, Circuit Judges, and SCHLESINGER,* District Judge.

PER CURIAM:

The judgment of the district court is affirmed. See Western & Southern Life

Ins. Co. v. State Bd. of Equalization, 451 U.S. 648, 653, 101 S. Ct. 2070, 2075

(1981).

AFFIRMED.1

* Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of Florida, sitting by designation. 1 The Appellee’s Motion for Award of Rule 38 Sanctions is DENIED.

2