UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No. 00-40141

_______________________

BARBARA BRESNAHAN SMEY,

Plaintiff-Appellant/Cross-Appellee,

versus

RUTH ANN SMEY, et al,

Defendants,

RUTH ANN SMEY,

Defendant-Appellee/Cross-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Eastern District of Texas Civil Docket 4:99-CV 84# _________________________________________________________________ February 7, 2001

Before JONES and DeMOSS, Circuit Judges, and BARZILAY*, District Judge.

PER CURIAM:**

The court has carefully considered this appeal in light

of the briefs, oral arguments and pertinent portions of the record.

Having done so, we find no reversible error of law or fact and

* Judge, U.S. Court of International Trade, 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. affirm the judgment of the trial court. See Fifth Circuit Local

Rule 47.6.

AFFIRMED.

2