[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

________________________ U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

September 23, 2008

No. 06-13432 THOMAS K. KAHN

________________________ CLERK

D. C. Docket No. 03-20078-CV-CMA ALPHAMED PHARMACEUTICALS CORP.,

Plaintiff- Appellant-

Cross-Appellee, JOHN, JARRETT, NOREEN AND DARREN LEZDEY,

Plaintiffs,

versus ARRIVA PHARMACEUTICALS, INC., a California Corporation, f.k.a. AlphaOne Pharmaceuticals, Inc.,

Defendant- Appellee-

Cross-Appellant, SPINELLI CORPORATION, an Arizona corporation,

Defendant-Appellee, CTG & ASSOCIATES LLC, a Georgia limited liability company, et al.,

Defendants.

________________________

Appeals from the United States District Court

for the Southern District of Florida

_________________________

(September 23, 2008) Before BIRCH and MARCUS, Circuit Judges and FORRESTER,* District Judge. PER CURIAM:

Having thoroughly reviewed the record, the briefs of the parties and hearing oral argument by counsel, we AFFIRM the judgment of the district court based on its well-reasoned opinion of 26 May 2006.

*

Honorable J. Owen Forrester, United States District Judge for the Northern District of Georgia, sitting by designation.

2