UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 98-11458 _____________________

GEMMY INDUSTRIES CORPORATION,

Plaintiff-Appellant,

v.

ALLIANCE GENERAL INDUSTRIES COMPANY; AMERICAN EQUITY INSURANCE COMPANY,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas (3:98-CV-14-BD) _________________________________________________________________

November 5, 1999

Before KING, Chief Judge, and REYNALDO G. GARZA and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Plaintiff-appellant Gemmy Industries Corporation does not

dispute that its notices to defendants were untimely. We are

persuaded that the district court correctly concluded that the

failure to give timely notice would preclude coverage of the

alleged advertising injury claim under the policies without

regard to whether defendants were prejudiced by the untimely

notice. Having so concluded, we need not address the question

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

of the policies. The judgment of the district court is

AFFIRMED.

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