In the United States Court of Appeals

For the Fifth Circuit _______________

m 02-20207 _______________

ROBERT A. NALLIE AND JUDY NALLIE,

Plaintiffs-Appellants,

VERSUS

CHEMICAL LEAMAN TANK LINES, INC., ET AL.,

Defendants,

SUNOCO, INC (R&M),

Defendant-Appellee.

_________________________

Appeal from the United States District Court for the Southern District of Texas m H-99-CV-2202 _________________________

December 10, 2002 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

The plaintiffs sue for injuries sustained in an accident at defendant’s plant, claiming a prem- ises defect. The district court found no issues of material fact and granted defendants’ mo- tion for summary judgment.

We have read the briefs and have heard the arguments of counsel, and have consulted per- tinent portions of the record. This is a case of no duty to the plaintiffs. On the basis of ap- plicable 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 R. 47.5, the court has deter- mined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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