United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________

No. 96-2711 ___________

Debra Kyzer, * * Appellant, * * v. * * Russell Levanthall, President * and/or owner in most or all of * the following Corporations and * individually: Laguna Entertain- * Appeal from the United States ment, Inc.; Interstate Enter- * District Court for the tainment; RFJ Communications, * Western District of Arkansas. Inc.; Rainbow Entertainment, * [UNPUBLISHED] Inc.; Ultra Ribbons, Inc.; * Porsche Entertainment, Inc.; * Forced REP Entertainment, Inc.; * Superior Holdtime, Inc.; * 905 Santa Fe Corporation; * American Response Marketing, * Inc.; Smart Building, Inc.; * American Billing & Collection, * Inc.; All-State Distributing, * Inc.; Automated Data Billing, * Inc.; 8053 Deering Avenue, Inc.;* American Inbound Marketing * Communications, Inc.; Allstate * Communications, Inc.; U.S. * Interstate Distributing, Inc.; * Haskell Avenue Corp.; Frank * Mongtelione, Individually; * John Doe, 1 through 10, * * Appellees. * ___________

Submitted: February 12, 1997

Filed: April 14, 1997 ___________ Before BOWMAN and WOLLMAN, Circuit Judges, and BOGUE,1 District Judge. ___________

PER CURIAM.

Debra Kyzer appeals from the district court’s2 grant of summary judgment in favor of the defendants in Kyzer’s action to recover for negligence and for the intentional infliction of emotional distress that she allegedly suffered upon opening an envelope containing sexually explicit materials that had been sent to her minor son by the defendants. Having concluded that no error of law appears in the district court’s ruling, we affirm the judgment on the basis of the district court’s memorandum opinion. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

1 The HONORABLE ANDREW W. BOGUE, United States District Judge for the District of South Dakota, sitting by designation. 2 The Honorable Jimm Larry Hendren, United States District Judge for the Western District of Arkansas.

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