IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-11431

FLEMING COMPANIES INCORPORATED, Plaintiff-Appellant versus DAVID’S SUPERMARKETS, INC, ET AL Defendants WILLIAM D. SIMS, JR Defendant-Appellee

Appeal from the United States District Court for the Northern District of Texas (5:97-CV-58)

November 3, 1998

Before HIGGINBOTHAM, DAVIS, and BARKSDALE, Circuit Judges.

PER CURIAM:* AFFIRMED. See Local Rule 47.6.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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