UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ______________________

No. 99-41477 ______________________

DELLA HARRIS, Individually and on behalf of the Estate of Robert Harris,

Plaintiff-Appellant,

versus

SOUTHERN PACIFIC TRANSPORTATION COMPANY, ET AL.,

Defendants,

SOUTHERN PACIFIC TRANSPORTATION COMPANY; NATIONAL PASSENGER RAILROAD CORPORATION, doing business as Amtrak, Defendants-Appellees. ___________________________________________________________________________

Appeal from the United States District Court for the Eastern District of Texas (1:95-CV-786) ________________________________________________________________________ October 6, 2000

Before BARKSDALE, and BENAVIDES, Circuit Judges, and VELA,* District Judge.

PER CURIAM:**

AFFIRMED. See 5TH CIR. R. 47.6.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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