UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-1126

MARY HART; JOSEPH HART,

Plaintiffs - Appellants,

versus

ARTHUR ELDER; BERNETT & JACKSON REALTY, INCOR- PORATED; UNITED STATES OF AMERICA,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, District Judge. (CA-96-2414-WMN)

Submitted: April 16, 1998 Decided: April 30, 1998

Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Mary Hart, Joseph Hart, Appellants Pro Se. Lynne Ann Battaglia, United States Attorney, Allen F. Loucks, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellants appeal the district court's order granting summary

judgment in their breach of contract action. We have reviewed the

record and the district court's opinions and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Hart v. Elder, No. CA-96-2414-WMN (D. Md. Jan. 7, 1998). Appellants were not entitled to a jury trial because their claims

were properly decided by the district court on summary judgment.

Also, Appellants failed to raise their defamation claim before the district court, and the claim may not be raised before this court

for the first time on appeal. See Spencer v. Murray,

(4th Cir. 1993). Similarly, we decline to review Appellants'

request for relief for their children and neighbors because these

people were not parties to the complaint. Finally, we deny Appel- lants' Omnibus Motion seeking a stay of proceedings in the district

court. We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

2