UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-60167 Summary Calendar

BETTYE D. WEST, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, versus FIRST ALLMERICA FINANCIAL LIFE INSURANCE COMPANY, Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Mississippi (2:96-CV-454-PG)

December 23, 1998 Before POLITZ, Chief Judge, DAVIS and JONES, Circuit Judges. PER CURIAM:*

Bettye West appeals summary judgment in favor of defendant First Allmerica Financial Life Insurance Company on her personal and attempted

class action claims for employee benefits under

et seq. Our

review of the record, briefs, and controlling precedents persuades that this appeal is devoid of merit. Accordingly, on the facts as found, authorities cited,

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. and analysis made by the district court in its comprehensive and scholarly Memorandum Opinion and Order signed and filed on March 3, 1998, the

judgment appealed is AFFIRMED.

First Allmerica has filed a general motion for attorneys fees. We note a pending motion in the district court for the fees relevant to that court’s

proceedings. Should First Allmerica desire to proceed with its general request

for attorneys fees incurred because of this appeal it may file an appropriate

request therefor, with the clerk of this court, within 15 days of the issuance of the mandate herein. AFFIRMED.

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