UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-60410
Summary Calendar
WILLIAM FRAZIER
Plaintiff-Appellant,
VERSUS
NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH, PA
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Mississippi
(4:95-CV-110-LN)
November 11, 1996
Before SMITH, DUHÉ and BARKSDALE, Circuit Judges.
PER CURIAM:1
Appellant Frazier sued Appellee National Union to recover
punitive damages under Mississippi law for failure to properly pay
state workers’ compensation benefits. Following the partial grant
of Appellee’s motion to strike certain of Appellant’s evidence
submitted in opposition to Appellee’s Motion for Summary Judgment,
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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opinion should not be published and is not precedent except under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.
the district court granted summary judgment for Appellee. We
affirm.
The district court found that there was no issue of material
fact that National Union was reasonable in its position that
Frazier’s claim for compensation benefits was barred by the
applicable period of prescription. Since its actions were
reasonable, there was no predicate for awarding punitive damages
for failure to pay; despite the fact that the Mississippi
Commissioner ultimately found that the claim was not barred by
prescription. We have carefully reviewed the record and Judge
Lee’s detailed opinion and find no error. The issue is not whether
National Union’s decision was correct but only whether it was
reasonable under the circumstances.
Likewise, we find no error in the district court’s ruling on
the Motion to Strike.
We affirm the decision of the district court essentially for
the reasons given by it.
AFFIRMED.
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