IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ m 99-41471 _______________

TERRY MITCHELL, Plaintiff-Appellant, VERSUS UNION PACIFIC RAILROAD COMPANY, Defendant-Appellee.

_________________________ Appeal from the United States District Court for the Eastern District of Texas (Dist. Ct. No. 2:98-CV-129-DF) _________________________ December 11, 2000

Before POLITZ, SMITH, and PARKER, asserts injury resulting from the employer’s Circuit Judges. negligence. The district court found the action time-barred and entered summary judgment.

PER CURIAM:* We have reviewed the briefs and applicable In this FELA case, the plaintiff employee law and pertinent portions of the record and have heard the arguments of counsel. The district court properly applied the statute of * Pursuant to 5TH CIR. R. 47.5, the court has limitations. determined that this opinion should not be pub- lished and is not precedent except under the limited AFFIRMED. circumstances set forth in 5TH CIR. R. 47.5.4.