Nallie v. Chemical Leaman Tank ( 2002 )

In the United States Court of Appeals For the Fifth Circuit _______________ m 02-20207 _______________ ROBERT A. NALLIE AND JUDY NALLIE, Plaintiffs-Appellants, VERSUS CHEMICAL LEAMAN TANK LINES, INC., ET AL., Defendants, SUNOCO, INC (R&M), Defendant-Appellee. _________________________ Appeal from the United States District Court for the Southern District of Texas m H-99-CV-2202 _________________________ December 10, 2002 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* The plaintiffs sue for injuries sustained in an accident at defendant’s plant, claiming a prem- ises defect. The district court found no issues of material fact and granted defendants’ mo- tion for summary judgment. We have read the briefs and have heard the arguments of counsel, and have consulted per- tinent portions of the record. This is a case of no duty to the plaintiffs. On the basis of ap- plicable caselaw and the summary judgment record, we affirm, essentially for the reasons given by the district court. * Pursuant to 5TH CIR. R. 47.5, the court has deter- mined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2