UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40306 Summary Calendar

LEON KOEHN; BARBARA KOEHN; DARYL KOEHN; CHARLENE KOEHN-AGNEW; CHERYL YVONNE KOEHN-EBELING,

Plaintiffs-Appellants,

VERSUS

CARL AYERS; ET AL,

Defendants,

NORTH CENTRAL OIL COMPANY; THE TEXAS COMPANY, also known as Texaco Exploration and Production Inc.; TEXACO EXPLORATION AND PRODUCTION INC.,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Texas (G-97-CV-470)

September 3, 1999

Before JOLLY, EMILIO M. GARZA, and DENNIS, Circuit Judges. PER CURIAM:*

After carefully reviewing the parties’ briefs, the record

excerpts, and the relevant portions of the record itself, we AFFIRM

for essentially the same reasons stated by the district court in

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. its order of November 18, 1998, granting summary judgment for

Defendants Texaco and North Central Oil Company and dismissing

without prejudice all state law claims against the remaining

Defendants.