In the United States Court of Appeals

For the Fifth Circuit _______________

m 02-40054 _______________

BORDER SHIPYARDS, INC.; JORGE GONZALEZ; CARL “JOE” GAYMAN; RUBEN BARRERA; BUSTER HARRIS, GUARANTOR; WILLIAM E. KENNON,

Plaintiffs-Appellants,

VERSUS

ST. PAUL MERCURY INSURANCE COMPANY,

Defendant- Third Party Plaintiff- Appellee,

VERSUS

RICARDO RIVERA, DOING BUSINESS AS RICK RIVERA, ALSO KNOWN AS LA NEGRITA,

Third Party Defendant- Appellant.

_________________________

Appeal from the United States District Court for the Southern District of Texas m B-99-CV-19 _________________________

December 10, 2002 2 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

In this dispute over a contract of insurance, the district court found no issues of material fact and granted summary judgment in favor of St. Paul Mercury Insurance Company, con- cluding that it had no obligation to defend un- der its policy. All issues except the duty to defend have been settled.

We have read the briefs and have heard the arguments of counsel, and have consulted per- tinent portions of the record. On the basis of applicable caselaw and the summary judgment record, we find no reversible error. We affirm, essentially for the reasons given by the district court.

AFFIRMED.

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 R. 47.5, the court has deter- mined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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