IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED February 9, 2009

No. 08-60353 Charles R. Fulbruge III Clerk

MICHAEL E. STEWART,

Plaintiff - Appellant, v.

J. E. BORRIES, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:06-CV-187

Before JOLLY, DAVIS, and DeMOSS, Circuit Judges. PER CURIAM:* AFFIRMED. See 5TH CIR. R. 47.6.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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