IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 23, 2008 No. 06-31281 Charles R. Fulbruge III Clerk CLYDIA SARAHLYN LEE, Individually and on behalf of James Lee Estate; STEPHANIE ELAINE SIMMONS, Individually and on behalf of James Lee Estate Plaintiffs-Appellants v. UNITED STATES OF AMERICA Defendant-Appellee

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:04-cv-01635

Before SMITH and PRADO, Circuit Judges, and YEAKEL,* District Judge.

PER CURIAM:** After having reviewed the briefs, heard oral argument, and examined the record, we affirm the judgment of the district court for the reasons given in its oral ruling and written judgment.

AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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