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

FILED September 9, 2009

No. 08-51251 Charles R. Fulbruge III Clerk

KIM M WITHERSPOON,

Plaintiff - Appellant v.

DELTA AIRLINES, INC,

Defendant - Appellee

Appeal from the United States District Court for the Western District of Texas USDC No. 5:08-CV-27

Before JOLLY, DeMOSS, and PRADO, Circuit Judges. PER CURIAM:* AFFIRMED. See 5 TH C IR. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.