[DO NOT PUBLISH]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.

The Appellee’s Motion for Award of Rule 38 Sanctions is DENIED.