1                       UNITED STATES COURT OF APPEALS
2                            FOR THE FIFTH CIRCUIT
3                           _______________________

4                                 No. 99-30252
5                                  98-CV-322-R
6                               Summary Calendar
7                           _______________________

8    LYNN BLADES HORNE; GREGG HORNE,

9                                                     Plaintiffs-Appellees,

10                                   versus

11   TRAVELERS PROPERTY CASUALTY COMPANY; ET AL,

12                                                              Defendants,

13   TRAVELERS INDEMNITY COMPANY OF CONNECTICUT,

14                                                    Defendant-Appellant.

15   _________________________________________________________________

16              Appeal from the United States District Court
17                  for the Eastern District of Louisiana
18   _________________________________________________________________

19                              December 1, 1999

20   Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

21   PER CURIAM:*

22               Appellant challenges only the district court’s failure to

23   grant judgment as a matter of law on plaintiffs’ claim that the

24   company acted arbitrarily and capriciously in refusing to pay their

25   homeowners’ insurance promptly because it suspected the plaintiffs

26   of arson.    We have reviewed the briefs and pertinent portions of

27   the record and agree for the reasons stated by the district court

28   that question of fact were raised by the claim, the questions were


          *
           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     this opinion should not be published and is not precedent except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.
29   properly   submitted   to   the   jury,   and   the   jury’s   verdict   is

30   unassailable.

31              The judgment is AFFIRMED.




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