In the United States Court of Appeals

For the Fifth Circuit _______________

m 01-21256 _______________

RICHARD M. COAN, AS TRUSTEE FOR AROCHEM INTERNATIONAL, INC., AND AROCHEM CORPORATION,

Plaintiff-Appellant,

VERSUS

CHASE MANHATTAN BANK, N.A., ET AL.,

Defendants,

ERNST & YOUNG,

Defendant-Appellee.

_________________________

Appeal from the United States District Court for the Southern District of Texas m H-94-CV-3930 _________________________ December 10, 2002 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

The plaintiff sued Ernst & Young for breach of contract, the statute of limitations having expired on an action for professional malpractice. The district court granted summary judgment, finding no issues of material fact.

We have read the briefs and have heard the arguments of counsel, and have consulted per- tinent portions of the record. The summary judgment record does not reflect actual know- ledge on the part of Ernst & Young. On the basis of applicable caselaw and the summary judgment record, we affirm, essentially for the reasons given by the district court.

* Pursuant to 5TH CIR. R. 47.5, the court has deter- mined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

2