IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

________________________ No. 97-40087 Consolidated with No. 97-40295 _________________________

MATTHEWS SMITH, Plaintiff-Appellee, v. TEXACO, INC.; ET AL., Defendants, STAR ENTERPRISES; TEXACO, INC., Defendant-Appellant.

____________________________________________ Appeal from the United States District Court For the Eastern District of Texas (1:96-CV-749) _____________________________________________ June 3, 1997 Before WIENER and PARKER, Circuit Judges, and LITTLE, District Judge.* PER CURIAM:** AFFIRMED. See Local Rule 47.6.

* Chief United States District Judge for the Western District of Louisiana, sitting by designation. ** Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.