Sons of Confdr Vets v. Southern Initiative, et al

*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this opinion should not be published and is not precedent except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.
1
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-60660
Summary Calendar
SONS OF CONFEDERATE VETERANS, INC.,
Plaintiff-Appellee,
VERSUS
CONFEDERATE INITIATIVE, INC. and JIMMY D. GILES,
Defendants-Appellants.
Appeal from the United States District Court
for the Southern District of Mississippi
(3:97-CV-534-B)
April 13, 1999
Before DAVIS, DUHÉ and PARKER, Circuit Judges.
PER CURIAM:*
Defendants-Appellants, Confederate Initiative, Inc. and Jimmy
D. Giles (“Defendants”), appeal the judgment for Plaintiff-
Appellant, Sons of Confederate Veterans, Inc. (“Plaintiff”), the
dismissal of their counterclaim against Plaintiff and the
$21,666.61 in attorney fees awarded to Plaintiff. We affirm.

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2
Defendants did not file a post-trial motion for judgment or
new trial based on insufficiency of the evidence. Further,
Defendant did not order a transcript of the trial proceedings.
Therefore, Defendants have failed to preserve any factual issue for
determination in this appeal.
Having reviewed the briefs, the portions of the record before
us and the applicable law, we discern no reversible error. We
therefore affirm the dismissal of Defendants' counterclaim, the
final judgment for Plaintiff and the attorney fee award.
Because this disposition of the merits moots Plaintiff's
motions to strike Defendants' briefs, we deny those motions as
moot. Defendants' motion to compel service of appellate documents
at their street address is likewise denied as moot.
AFFIRMED. MOTIONS DENIED.

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