IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ m 99-20634 _______________

EVANSTON INSURANCE COMPANY, Plaintiff- Counter Defendant- Appellee, VERSUS SURPLUS, INC., DOING BUSINESS AS SURPLUS INSURANCE SERVICES; LYLE ASHLEY; AND PLUS PLANS, INC., Defendants- Counter Claimants- Appellants.

_________________________ Appeal from the United States District Court for the Southern District of Texas (H-98-CV-2043) _________________________ May 11, 2000 Before POLITZ, SMITH, and DENNIS, PER CURIAM:* Circuit Judges.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

We have reviewed the briefs and oral arguments of counsel and have consulted the applicable law and pertinent portions of the record. We conclude that the district court properly construed the subject insurance policies and committed no reversible error.

The judgment is AFFIRMED, essentially for the reasons given by the district court.