                          UNITED STATES COURT OF APPEALS
                               FOR THE FIFTH CIRCUIT
                               ______________________

                                        No. 99-41477
                                   ______________________

                     DELLA HARRIS, Individually and on behalf of the
                              Estate of Robert Harris,

                                                                               Plaintiff-Appellant,

                                               versus

            SOUTHERN PACIFIC TRANSPORTATION COMPANY, ET AL.,

                                                                                        Defendants,

            SOUTHERN PACIFIC TRANSPORTATION COMPANY;
             NATIONAL PASSENGER RAILROAD CORPORATION,
                          doing business as Amtrak,
                                                        Defendants-Appellees.
___________________________________________________________________________

                  Appeal from the United States District Court
                       for the Eastern District of Texas
                                (1:95-CV-786)
________________________________________________________________________
                               October 6, 2000

Before BARKSDALE, and BENAVIDES, Circuit Judges, and VELA,* District Judge.

PER CURIAM:**

       AFFIRMED. See 5TH CIR. R. 47.6.




       *
               District Judge of the Southern District of Texas, sitting by designation.
       **
               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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
