                 IN THE UNITED STATES COURT OF APPEALS

                         FOR THE FIFTH CIRCUIT


                       ________________________

                               No. 97-40087
                           Consolidated with
                              No. 97-40295
                       _________________________


MATTHEWS SMITH,
                                            Plaintiff-Appellee,

                                  v.

TEXACO, INC.; ET AL.,
                                            Defendants,

STAR ENTERPRISES; TEXACO,
INC.,
                                            Defendant-Appellant.



           ____________________________________________

          Appeal from the United States District Court
                For the Eastern District of Texas
                          (1:96-CV-749)
          _____________________________________________

                             June 3, 1997

Before WIENER and PARKER, Circuit Judges, and LITTLE, District
Judge.*

PER CURIAM:**

     AFFIRMED.    See Local Rule 47.6.


     *
      Chief United States District Judge for the Western District
of Louisiana, sitting by designation.
     **
       Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
