UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 98-20556
Summary Calendar
KENNEY & ASSOCIATES, INCORPORATED,
Plaintiff-Appellee,
VERSUS
CENTRAL UNITED LIFE INSURANCE COMPANY,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
H-96-CV-2424)
June 14, 1999
Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
This appeal involves the claim of Kenney & Associates, Inc.
("Kenney") for breach of contract against Central United Life
Insurance Company ("CULIC") for CULIC’s failure to pay a one
percent (1%) finder’s fee to Kenney. CULIC defended against the
claim by denying the existence of any contract, or in the
alternative, if a contract existed, Kenney allegedly did not
*
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this opinion should not be published and is not precedent except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.
perform under the terms of the contract. CULIC moved for summary
judgment but the district court denied such motion on the grounds
that there were material facts in dispute regarding the services
Kenney was to perform under the contract. The controversy was
submitted to the jury on special issues. The district court
entered judgment on the jury verdict in favor of Kenney. CULIC
appeals from the final judgment and the later order denying CULIC’s
renewed motion for judgment as a matter of law, or in the
alternative motion for new trial, or in the alternative motion to
amend judgment.
We have carefully reviewed the briefs, the reply brief, the
record excerpts and relevant portions of the record itself. For
the reasons stated by the district court in its Memorandum and
Order entered May 12, 1998, we AFFIRM the Final Judgment entered by
the district court under date of December 17, 1997.
AFFIRMED.
2