UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________ No. 98-20919 Summary Calendar _______________________

LYNWOOD DALE KINDT; SANDRA ANN KINDT, Plaintiffs-Appellants, versus U S DEPARTMENT OF TRANSPORTATION; RODNEY E. SLATER, Secretary of Transportation, United States Department of Transportation, Defendants-Appellees.

_________________________________________________________________ Appeal from the United States District Court for the Southern District of Texas (H-97-CV-363) _________________________________________________________________ May 19, 1999 Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

PER CURIAM:* The court has considered appellants’ position in light of the briefs and pertinent portions of the record. Having done so, we find no reversible error of fact or law and affirm for essentially the reasons stated by the district court.

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* Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.