Case: 10-10432 Document: 00511373917 Page: 1 Date Filed: 02/07/2011

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

FILED February 7, 2011

No. 10-10432 Lyle W. Cayce Clerk

DAVID LEWIS BUILDERS, INCORPORATED,

Plaintiff - Appellant v.

MID-CONTINENT CASUALTY COMPANY,

Defendant - Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:09-cv-00218-A

Before JONES, Chief Judge, and DENNIS and CLEMENT, Circuit Judges. PER CURIAM:* AFFIRMED. See Fifth Circuit Local Rule 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.