United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS April 8, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III _____________________ Clerk

No. 04-31192 Summary Calendar _____________________

JAMES M. THOMPSON,

Plaintiff-Appellant,

versus

AMF BOWLING CENTERS, INC., doing business as AMF Allstar Lanes,

Defendant-Appellee.

__________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:04-CV-712-T __________________________________________________

Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

The judgment of the district court is affirmed for the

reasons given by that court in its order of November 3, 2004.

Thompson’s claim is for negligent use or custody of the stool,

and not for strict liability.

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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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