Case: 11-10212 Document: 00511808946 Page: 1 Date Filed: 04/02/2012

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

FILED April 2, 2012

No. 11-10212 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellant v.

DEXTER AXLE COMPANY

Defendant-Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:06-CV-1047

Before BENAVIDES, STEWART, and GRAVES, Circuit Judges. PER CURIAM:* This is an appeal of the district court’s summary judgment in favor of appellee. We have considered this appeal on the basis of the briefs, expert testimony, oral argument, and other relevant portions of the record. Having done so, we affirm the district court, essentially for the reasons stated in the district court’s order regarding motions for summary judgment. AFFIRM.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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