UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-10691

WALTER BENSCH, Plaintiff-Appellant, versus PENELOPE MATTOS, ET AL., Defendants-Appellees.

(consolidated with)

97-11222

WALTER BENSCH, Plaintiff, versus PENELOPE MATTOS, ET AL., Defendants, ROSENDO RODRIGUEZ, JR., Appellant.

Appeals from the United States District Court for the Northern District of Texas (7:96-CV-85-X & 7:96-CV-085) July 14, 1998

Before POLITZ, Chief Judge, JONES and DUHÉ, Circuit Judges.

PER CURIAM:* Having considered the briefs, oral arguments of counsel,and pertinent parts of the record in these consolidated appeals, and finding no basis for reversible error, the rulings appealed are AFFIRMED.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR.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