UNITED STATES COURT OF APPEALS For the Fifth Circuit ___________________________

No. 01-50472 Summary Calendar ___________________________

LARRY A. HOBDY, SR.,

Plaintiff - Appellant,

VERSUS

HOMESIDE LENDING, INC.

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Texas, San Antonio Division (SA-00-CV-484-HG)

November 7, 2001

Before DAVIS, BENAVIDES and STEWART, Circuit Judges.

PER CURIAM:*

The defendant produced summary judgment evidence demonstrating

the non-existence of material factual disputes. The burden was

then on the plaintiff to produce summary judgment evidence to

contradict defendant’s proof. The plaintiff failed to produce such

contradictory evidence. The district court therefore correctly

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

After a full review of the record, we affirm for the reasons

stated in the district court’s Order dated May 17, 2001.

AFFIRMED.