IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-30787

Summary Calendar

The Aetna Casualty & Surety Company, Plaintiff-Appellee,

versus Acceptance Insurance Co., Defendant-Appellant.

Appeal from the United States District Court For the Eastern District of Louisiana (99-CV-99–F)

January 12, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

This case concerns which insurers are obligated to pay

coverage for an accident that occurred at the Morial Convention

Center in New Orleans. Acceptance Insurance appeals from an order

of the district court that both the Aetna policy and Acceptance’s

policy are primary, and should share jointly in paying coverage.

Having reviewed the briefs and the record, we are convinced

that the district court judgment is correct and should be upheld.

Aetna is not attempting to subrogate into the rights of its

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. insured, nor to seek contribution from its insured, nor to assert

any policy defenses. Rather, Aetna is suing to enforce the terms

of its insurance policy and Acceptance’s policy, which both provide

primary coverage on these facts. AFFIRMED.

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