IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-30608

ROBERT McNEAL,

Plaintiff-Appellant,

versus

BAR S FOOD CO.; ET AL.,

Defendants,

AMERICAN MOTORISTS INSURANCE CO.; BAR S FOODS CO., erroneously named as Bar S Food Company,

Defendants-Appellees.

Appeal from the United States District Court for the Western District of Louisiana, Monroe (95-CV-656)

March 11, 1997

Before GARWOOD, WIENER and DeMOSS, Circuit Judges.*

PER CURIAM:

After considering the briefs and argument of counsel, and the

record, this Court concludes that summary judgment was properly

entered in favor of defendant Bar S Foods Company. The summary

judgment record taken as a whole does not suffice to reasonably

* Pursuant to Local Rule 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. support an affirmative factual finding——as opposed to a mere

suspicion, speculation, or conjecture——either that the bologna was

actually toxic or that what plaintiff suffered from was actually

food poisoning.

AFFIRMED

2