UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

LONNIE-SCOTT HOLDEN,
Plaintiff - Appellant,	No. 97-3048
v.	(D.C. No. 96-2154-KHV)
LARRY D. HOLDEN,	(D. Kan .)
Defendant - Appellee.

ORDER AND JUDGMENT *

Before BALDOCK, McKAY, and LUCERO, Circuit Judges.

After examining the briefs and the appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Defendant-Appellee has filed a motion to strike Plaintiff-Appellant's Reply Brief, and Plaintiff-Appellant has filed a response to this motion. The Motion to Strike is hereby DENIED.

The judgment of the trial court is affirmed for the reasons given in its Memorandum and Order filed February 12, 1997.

AFFIRMED.

Entered for the Court

Monroe G. McKay

Circuit Judge