United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS For the Fifth Circuit October 26, 2004

Charles R. Fulbruge III Clerk No. 04-60117 Summary Calendar

HERBERT LEON BREWER, III,

Plaintiff-Appellant

VERSUS

CENTRAL STATES HEALTH & LIFE COMPANY OF OMAHA, NEBRASKA,

Defendant-Appellee

Appeal from the United States District Court For the Northern District of Mississippi, Oxford 2:02-CV-173-D

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

For reasons assigned in its careful opinion of September 8,

2003, we agree with the district court that this action is barred

by res judicata.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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