United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS July 6, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 04-30725

UNITED STATES OF AMERICA, for the Use and Benefit of BOES IRON WORKS, INC. Plaintiff - Appellee v. PETE VICARI GENERAL CONTRACTOR INC; MID-CONTINENT CASUALTY CO Defendants - Appellants

-------------------- Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:00-CV-1292 -------------------- Before KING, Chief Judge, and DAVIS, Circuit Judge, and ROSENTHAL,* District Judge.

PER CURIAM:** The judgment of the district court is affirmed for essentially the reasons set out in the Oral Reasons for Judgment filed April 26, 2004.

AFFIRMED.

* District Judge of the Southern District of Texas, sitting by designation. ** 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.