Case: 09-11096 Document: 00511317925 Page: 1 Date Filed: 12/10/2010

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

FILED December 10, 2010

No. 09-11096 Lyle W. Cayce Clerk

L&C CONSULTANTS,

Plaintiff-Appellee v.

ASH PETROLEUM; JAMES W. PEAK; GENE H. IRWIN,

Defendants-Appellants

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:07-CV-1904

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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