IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit F I L E D No. 06-50743 September 12, 2007 Charles R. Fulbruge III KALU DIOGU Clerk Plaintiff-Appellant v. FREESCALE SEMICONDUCTOR, INC.; MOTOROLA, INC. Defendants-Appellees Appeal from the United States District Court for the Western District of Texas USDC No. 1:05-CV-13 Before REAVLEY, BARKSDALE, and PRADO, Circuit Judges. PER CURIAM:* Having considered the briefs, argument by counsel, and pertinent parts of the record, and essentially for the reasons stated by the district court, the judgment is AFFIRMED. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.