
    Conception CASTRO, Plaintiff-Appellant, v. TEXAS EDUCATION FOUNDATION, INC., and R. H. Strickland, Defendants-Appellees.
    No. 71-1625
    Summary Calendar.
    
    United States Court of Appeals, Fifth Circuit.
    Warren Weir, Arthur Gochman, San Antonio, Tex., for plaintiff-appellant.
    Theo. F. Weiss, Charles L. Smith, San Antonio, Tex., for defendants-appellees; Clemens, Knight, Weiss & Spencer, San Antonio, Tex., of counsel.
    Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.
    
      
       Rule 18, 5th Cir.; Isbell Enterprises v. Citizens Cas. Co. of N. Y., 431 F.2d 409, Part I (5th Cir. 1970).
    
   PER CURIAM:

The district court did not err in granting summary judgment for defendant Texas Educational Foundation, Inc., in this diversity ease. There was no genuine issue as to any material fact and it appeared as a matter of law that defendant Strickland was not within the scope of his employment at the time of the injury to Jesse Castro.

Affirmed.  