UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No.99-30559 _______________________

CATHY DEAN SPRINGER, As natural tutrix on behalf of her minor children, Gregory Paul Dean, Jr., and Jessica Marie Dean,

Plaintiff-Appellant,

versus

K-MART CORPORATION,

Defendant-Appellee.

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Appeal from the United States District Court for the Eastern District of Louisiana Lower Court No. 97-CV-3293-C _________________________________________________________________ March 3, 2000

Before JONES, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM:*

Having considered this appeal in light of the briefs and

pertinent Louisiana authorities, we affirm for essentially the

reasons stated by the district court. The appellants’ claim does

not fit within the narrow exception to exclusivity of the Louisiana

Worker’s compensation regime identified by the Louisiana Supreme

Court in Weber v. State,

(La. 1994). See also Kelly

v. CNA Ins. Co.,

(La. 1999). We also find no basis

for a claim predicated on Stevens v. Wal-Mart Stores, Inc., 688

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. So.2d 668 (La. App. 1997), because appellants sought recovery for

wrongful death, not for a worsening of the decedent’s condition.

Further, Kelly appears to undermine Stevens. Appellants’

constitutional arguments are meritless.

AFFIRMED.