UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ______________________

No. 00-11209 ______________________

JAMES H. CARNEY; JAMES R. FISHER, also known as Bill,

Plaintiffs - Appellants,

versus

FIRST COMMUNITY BANK OF AMERICA, also known as Bayside Federal Savings & Loan Association,

Defendant - Appellee. __________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas (3:99-CV-2259-P) ___________________________________________________________________ October 15, 2001

Before BARKSDALE and STEWART, Circuit Judges, and DUVAL, District

Judge1.

PER CURIAM:2

AFFIRMED. See 5TH CIR. R. 47.6.

1 District Judge of the Eastern District of Louisiana, sitting by designation. 2 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.