Spurlin v. Gen Financial Svc

                    UNITED STATES COURT OF APPEALS
                         For the Fifth Circuit



                             No. 97-50285
                           Summary Calendar



                            ODELL SPURLIN,

                                                Plaintiff-Appellee,


                                VERSUS


               GENERAL FINANCIAL SERVICES INCORPORATED,

                                               Defendant-Appellant.




           Appeal from the United States District Court
                 For the Western District of Texas
                             (P-96-cv-83)
                          November 12, 1997


Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

      Odell Spurlin ("Spurlin") and General Financial Services, Inc.

were equal joint owners of certain property in Pecos County, Texas.

This property was leased to a third party who made the rental

payments to General Financial. General Financial refused to pay to



  *
   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opinion should not be published and is not precedent except under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.
Spurlin his one-half (½) of rental income less operating costs.

Spurlin sued General Financial to recover his share of rental

payments in state court.          General Financial removed to the federal

district court on diversity of citizenship.                  The matter was tried

before the district court without a jury and the district court

awarded judgment in favor of Spurlin for one-half (½) of the

rentals    less   one-half      (½)   of   the    operating     costs.      General

Financial appeals.

     We have reviewed the briefs, the record excerpts and relevant

portions of the record itself.             The findings of fact made by the

district    court    were   not    clearly       erroneous    and   there   was   no

reversible error in the conclusions of law applied by the district

court.     Accordingly, the judgment of the district court filed on

March 27, 1997, is

                    AFFIRMED.




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