Case: 13-30303 Document: 00512465176 Page: 1 Date Filed: 12/09/2013

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

FILED No. 13-30303 December 9, 2013 Lyle W. Cayce STATE NATIONAL INSURANCE COMPANY, Clerk

Plaintiff-Appellee

v.

CUMMINS MID-SOUTH, L.L.C.,

Defendant-Appellee

ROMEO PAPA, L.L.C.,

Defendant-Appellant

Appeals from the United States District Court for the Eastern District of Louisiana USDC No. 2:11-CV-2207

Before JONES, WIENER and GRAVES, Circuit Judges. PER CURIAM: * The court has carefully considered this appeal in light of the briefs, record excerpts, and pertinent parts of the record. Having done so, we find no reversible error of law or fact and AFFIRM essentially for the reasons stated by the district court. AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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