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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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