                                                        United States Court of Appeals
                                                                 Fifth Circuit
                                                              F I L E D
                                                             February 23, 1999
                    UNITED STATES COURT OF APPEALS
                                                           Charles R. Fulbruge III
                         FOR THE FIFTH CIRCUIT                     Clerk
                         _____________________

                              No. 97-11196
                            Summary Calendar
                         _____________________

    KICKHAM GROUP INCORPORATED, doing business as Conway Oil,

                                                 Plaintiff-Appellant,

                                versus

               AMERICAN NATIONAL FIRE INSURANCE COMPANY,

                                                 Defendant-Appellee.

_________________________________________________________________

           Appeal from the United States District Court
                for the Northern District of Texas
                         (3:96-CV-1823-D)
_________________________________________________________________

                           February 23, 1999

Before KING, Chief Judge, BARKSDALE and STEWART, Circuit Judges.

PER CURIAM:*

     Kickham Group appeals the district court’s grant of summary

judgment in this diversity action for indemnification under an

insurance policy. But, subsequent to that judgment being rendered,

Kickham Group’s underlying liability for slander of title was

overturned by the Texas Court of Appeals, which rendered a take-

nothing judgment on that issue. See Hill v. Heritage Resources,

Inc., 964 S.W.2d 89, 127-28, 144   (Tex.App.-El Paso Dec. 31, 1997),

rehearing overruled (Feb. 18, 1998), review denied (Oct. 01, 1998),


     *
      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this opinion should not be published and is not precedent except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.
rehearing   of   petition   for   review   overruled   (Dec.   03,   1998).

Accordingly, the appeal is

                                                  DISMISSED AS MOOT.




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