UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 01-41426 Summary Calendar

LEOPOLDO LEAL, as executor of the estate of his mother, the late Mrs. Mauricia B. Leal, Plaintiff-Appellant,

VERSUS

SUN EXPLORATION AND PRODUCTION COMPANY; ORYX ENERGY COMPANY, and Affiliates; KERR-MCGEE CORPORATION, Successor by Merger of Oryx Energy Company formerly known as Sun Exploration and Production Company,

Defendants-Appellees.

Appeal from the United States District Court For the Southern District of Texas C-01-CV-230 April 25, 2002

Before DAVIS, BENAVIDES AND CLEMENT, Circuit Judges.

PER CURIAM:* We affirm the judgment of the district court essentially for the reasons stated in its November 23, 2001 order.

AFFIRMED.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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