UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

EDWARD VAUGHN KELLER,

Plaintiff-Appellant,

v.

WILLIAM ALBRIGHT,

Defendant-Appellee.

No. 97-4205

(Dist. of Utah)

(D.C. No. 94-CV-579-S)

ORDER AND JUDGMENT*

Before BALDOCK, EBEL, and MURPHY, Circuit Judges.

After examining the briefs and 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 court therefore honors the parties' requests and orders the cause submitted without oral argument.

This court has conducted a de novo review of the parties' appellate briefs and contentions, the district court's Memorandum Decision, and the entire record on appeal. Based upon that de novo review, we affirm for substantially those reasons set out in the district court's thorough Memorandum Decision dated November 17, 1997.

The judgment of the United States District Court for the District of Utah is hereby AFFIRMED.

ENTERED FOR THE COURT

Michael R. Murphy

Circuit Judge