UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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