(caption unavailable)

* Chief Judge of the Eastern District of Texas, sitting by
designation.
** Local Rule 47.5 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
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 93-7392
_____________________
LIVING CENTERS OF TEXAS, INC.,
Plaintiff-Appellee,
versus
PHILIP A. MENNELLA, ET AL.,
Defendants,
PHILIP A. MENNELLA and
UNITED STATES OF AMERICA,
Defendants-Appellees,
versus
OPAL A. MENNELLA,
Defendant-Appellant.
_______________________________________________________
Appeal from the United States District Court for
the Southern District of Texas
(CA-G-92-249)
_______________________________________________________
(April 18, 1994)
Before REAVLEY and JOLLY, Circuit Judges, and PARKER*, District
Judge.
PER CURIAM:**

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profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
2
The district court correctly decided that the Galveston
County state court judgment was not conclusive as to the United
States, not a party to the suit. Philip Mennella contests the
adjudication by that judgment. Collateral attack is permitted
only in state court. Liedtke v. State Bar of Texas (5th Cir.
slip op. p. 3450, No. 92-2623, April 8, 1994).
The district court's judgment is modified to provide that
rental payments to the United States shall cease after a final
legal termination of the life estate of Philip Mennella.
AFFIRMED AS MODIFIED.

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