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opinion should not be published and is not precedent except under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.
2