UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60106
Summary Calendar
MARGARET JOYCE MAIN, as administratrix of the
Estate of David C. V. Yamas, Deceased;
SHERYL KATHERINE-ANN VAVOSA; and
PAUL MICHAEL MARTIN YAMAS,
Plaintiffs-Appellants,
VERSUS
OFFICE DEPORT, INC.,
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Mississippi
(3:95-CV-135-BN)
October 23, 1996
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Plaintiffs brought this diversity suit seeking damages,
claiming that Office Depot, Inc. breached statutory and common law
duties, which breach was a proximate cause of the wrongful death of
*
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this opinion should not be published and is not precedent except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.
David Yamas. The district court granted summary judgment to Office
Depot holding that Office Depot owed no duty, statutory or common
law, to David Yamas under the facts of this case. The district
court further held that Office Depot’s acts were not a proximate
cause of the accident which resulted in the death of David Yamas.
After conducting a de novo review of the record in this case,
we conclude that Office Depot was entitled to summary judgment for
essentially the reasons set out in the district court’s order.
Main v. Office Depot, Inc., Cause No. 3:95-CV-135BN, S.D.Miss.,
January 31, 1996.
AFFIRMED.