United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS For the Fifth Circuit February 9, 2004

Charles R. Fulbruge III Clerk No. 03-40297 No. 03-40388

CAPE SYSTEMS, INC.,

Plaintiff-Appellee,

VERSUS

TOPS ENGINEERING CORPORATION; ET AL.,

Defendants,

TOPS ENGINEERING CORPORATION,

Defendant-Appellant.

Appeals from the United States District Court For the Eastern District of Texas 2:99-CV-82

Before DAVIS, BARKSDALE and PRADO, Circuit Judges.

PER CURIAM:*

After reviewing the record and considering the briefs and

argument of counsel, we are satisfied that the district court

committed no reversible error.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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