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

FILED October 9, 2009

No. 09-50100 Charles R. Fulbruge III Clerk

GERALD T. DROUGHT, Individually and on Behalf of All Others Similarly Situated

Plaintiff-Appellant v.

STATE FARM LLOYDS INC.

Defendant-Appellee

Appeal from the United States District Court for the Western District of Texas USDC No. 5:07-CV-68

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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