No. 07-20595. July 29, 2008. David Maurice Smith, David M. Smith Associates, Houston, TX, for Plaintiffs-Appellees. James G. Ruiz, Winstead, Sechrest Minick, Austin, TX, for Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas, USDC 4:06-CV-598. Before JOLLY, CLEMENT, and OWEN, Circuit Judges. PER CURIAM:[fn*] [fn*] 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the