IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 96-31230 Summary Calendar __________________

FELTON BURLEIGH, Plaintiff, versus DIVERS, INC., ET AL., Defendants, CHEVRON USA, INC., Defendant-Cross-Claimant-Appellant, versus INSTITUTE OF LONDON UNDERWRITERS; PROFESSIONAL DIVERS OF NEW ORLEANS, Defendants-Cross-Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 94-CV-381 - - - - - - - - - - September 18, 1997 Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM:*

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

No. 96-31230 -2- Chevron U.S.A., Inc. appeals from the dismissal of its claim for indemnity against Professional Divers of New Orleans and its insurer, the Institute of London Underwriters. We have reviewed the record and briefs and AFFIRM the district court’s dismissal for essentially the same reasons set forth by the district court.

Felton v. Divers, Inc., No. 94-CV-0381 (W.D. La. Oct. 22, 1996).