UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1415

BRYAN CHAD MCGILTON,

Plaintiff - Appellant,

versus

U.S. XPRESS ENTERPRISES, INCORPORATED, a foreign corporation; LIBERTY MUTUAL INSURANCE COMPANY, a foreign corporation,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (CA-02-117-5)

Submitted: October 20, 2004 Decided: October 29, 2004

Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Andrew M. Price, SMITH, PRICE, PANGBURN, Wheeling, West Virginia, for Appellant. Avrum Levicoff, Ryan J. King, BROWN & LEVICOFF, Pittsburgh, Pennsylvania; Charles S. Cassis, Julie C. Foster, FROST, BROWN, TODD, L.L.C., Louisville, Kentucky, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Bryan Chad McGilton appeals the district court’s order

granting summary judgment for Appellees in McGilton’s tort action.

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See McGilton v. U.S. Xpress Enterprises, Inc., No. CA-02-

117-5 (N.D.W. Va. Feb. 26, 2004). 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 -