(caption unavailable)

* Local Rule 47.5.1 provides: "The publication of opinions that
have no precedential value and merely decide particular cases on
the basis of well-settled principles of law imposes needless
expense on the public and burdens on the legal profession."
Pursuant to that rule, the court has determined that this opinion
should not be published.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 92-8435
_____________________
BEN MALONE and JO ANN MALONE,
Individually and as Next Friend
and Managing Conservators of
MICHAEL RHEA CORBIN, A Minor,
Plaintiffs-Appellants,
VERSUS
ALLSTATE LIFE INSURANCE CO.,
Defendant-Appellee.
________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(MO-91-CV-46)
________________________________________________
March 19, 1993
Before WIENER, BARKSDALE, and DEMOSS, Circuit Judges.
PER CURIAM:*
Having read the briefs of the parties, heard oral argument, and
reviewed the record, we affirm the judgment of the district court for
essentially the reasons stated by it in its comprehensive and
detailed amended findings of fact and conclusions of law in granting
summary judgment on whether an ERISA plan existed and whether
appellants were entitled to the claimed benefits under that plan. In
so doing, we conclude that the recent opinion by the Texas Supreme
Court in Forbau v. Aetna Life Ins. Co., No. D-1235, 1992 WL 316493
(Tex. Nov. 4, 1992), does not control.

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AFFIRMED.

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