Case: 11-40043 Document: 00511692683 Page: 1 Date Filed: 12/12/2011

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

FILED December 12, 2011 No. 11-40043 Lyle W. Cayce Clerk HARDESTY BUILDERS, INCORPORATED,

Plaintiff-Appellant,

v.

MID-CONTINENT CASUALTY COMPANY; OKLAHOMA SURETY COMPANY,

Defendants-Appellees.

Appeal from the United States District Court for the Southern District of Texas, Corpus Christi Division USDC No. 2:10-CV-142

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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