Testo completo
* 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not be published and is not precedent except under the limited circumstances set forth in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.
United States Court of Appeals
Fifth Circuit
F I L E D
August 6, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50152
Summary Calendar
CYNTHIA CURRY; TIM CURRY,
Plaintiffs-Appellants,
versus
HEB FOOD STORES, INC.; CHARLES
BUTT; DAN E. BUTT,
Defendants-Appellees.
Appeal from the United States District Court for
the Western District of Texas
(USDC No. A-02-CV-771-LY)
_______________________________________________________
Before REAVLEY, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Summary judgment was properly granted by the district court based on the
reasoning in the magistrate’s report and recommendations. The issue of whether the
-- 1 of 2 --
2
district court abused its discretion in denying Plaintiffs' motion for extension of time was
not raised in the notice of appeal and is therefore waived.
AFFIRMED.
-- 2 of 2 --
