United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 98-1128NE _____________

Martin R. Stacy, * * Appellant, * Appeal from the United States * District Court for the District v. * of Nebraska. * United States of America, * [UNPUBLISHED] * Appellee. * _____________

Submitted: February 5, 1998 Filed: February 10, 1998 _____________

Before FAGG, BEAM, and HANSEN, Circuit Judges. _____________

PER CURIAM.

Martin R. Stacy appeals the district court's order granting the Government's motion to dismiss for failure to state a claim. Having carefully reviewed the record, we conclude the judgment of the district court was clearly correct. Accordingly, we affirm. See 8th Cir. R. 47A(a).

A true copy.

Attest:

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