IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-50782 Summary Calendar __________________

UNITED STATES OF AMERICA ET AL., Plaintiffs, R.D. PLUNKETT; JAN C. PLUNKETT, Plaintiffs-Appellants, versus FALLS COUNTY ET AL., Defendants, LARRY PAMPLIN ET AL., Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. W-94-CV-85 - - - - - - - - - - June 10, 1996 Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

PER CURIAM:* R.D. Plunkett and Jan Plunkett appeal the district court's partial dismissal of their action, brought under 42 U.S.C. § 1983 and RICO, 18 U.S.C. § 1961 et. seq., for failure to state a claim and the court's grant of summary judgment in favor of the * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.

No. 95-50782 -2- remaining defendant. We have conducted a de novo review of the record and affirm the partial dismissal for essentially the same reasons set forth by the district court. United States v. Falls County, No. W-94-CA-085 (W.D. Tex. June 9, 1995). We have conducted a de novo review of the record and affirm the summary judgment for essentially the same reasons set forth by the district court. United States v. Falls County, No. W-94-CA-085 (W.D. Tex. Sept. 25, 1995).

AFFIRMED.