Case: 10-51058 Document: 00511628180 Page: 1 Date Filed: 10/11/2011

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

FILED October 11, 2011

No. 10-51058 Lyle W. Cayce Clerk

MATKIN-HOOVER ENGINEERING INCORPORATED; JOHN MATKIN, P.E.; JEFF CARROLL, P.E.,

Plaintiffs - Appellees v.

EVEREST NATIONAL INSURANCE COMPANY,

Defendant - Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 5:08-CV-451

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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