UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________________

No. 00-31316 Civil Docket #99-CV-549-D

_______________________

MARK D. COMPTON,

Plaintiff-Appellant,

versus

TORCH, INC.,

Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana _________________________________________________________________ November 12, 2001

Before JONES and DeMOSS, Circuit Judges and LIMBAUGH*, District Judge:

PER CURIAM:**

The court has carefully considered this appeal in light

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

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

plaintiff waived his objection to the jury charge, and the charge

* District Judge of the Eastern District of Missouri, sitting by designtation. ** 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. in any event was not erroneous. There was sufficient evidence in

the record to enable the jury to allocate fault between the parties

in the ratio that it chose. Finally, the district court did not

abuse his discretion in allowing Torch’s witness to testify under

the relevant Federal Rules of Evidence.

The judgment of the district court is AFFIRMED.

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