UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-20765

JERRY KRIM, Jerry Krim on behalf of himself and all other similarly situated, HAROLD L. HARRIS, individually and as Trustee of Mazel, Inc., Profit Sharing Plan,

Plaintiffs-Appellants,

VERSUS

FIRST CITY BANCORPORATION OF TEXAS, INC., ET AL.,

Defendants,

A. ROBERT ABBOUD, FRANK C. CIHAK, ROBERT D. RICHLEY, DONALDSON LUFKIN & JENRETTE SECURITIES CORP., C. IVAN WILSON, ROBERT W. BROWN, DANIEL C. ARNOLD, ROBERT RICE, ROBERT H. ALLEN, J. EVANS ATTWELL, WILLIAM T. BUTLER, M.D., J.A. ELKINS, JR., JAMES H. EVANS, C. JACKSON GRAYSON, JR., ROBERT N. MURRAY, RALPH S. O’CONNOR, MARGARET S. WILSON,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Texas (H-90-CV-2269)

November 8, 1999

Before DAVIS, JONES and MAGILL1, Circuit Judges.

PER CURIAM:**

After reviewing the record in this case and considering the

briefs of the parties and their argument, we agree with the

district court that it had no subject matter jurisdiction.

1 Circuit Judge of the Eighth Circuit, sitting by designation. ** 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Accordingly, we affirm the judgment of the district court

essentially for the reasons stated in its July 30, 1998 Memorandum

Opinion and Order.

AFFIRMED. All pending motions are hereby MOOT, in light of the

opinion.

2