
    In re: TRI-UNION DEVELOPMENT CORP., Debtor. Arch W. Helton; Helton Properties, Inc., Appellants, v. Tri-Union Development Corporation, Appellee.
    No. 05-20824.
    United States Court of Appeals, Fifth Circuit.
    May 30, 2007.
    George A. Kurisky, Jr., Johnson, Finkel, Deluca & Kennedy, Michael D. Jones, Kilburn, Jones, Gill & Campbell, Houston, TX, for Appellants.
    Andrew Wooley, Liskow & Lewis, Thomas A. Zabel, Burns, Wooley, Marsaglia & Zabel, Houston, TX, for Appellee.
    Before GARWOOD, BARKSDALE, and GARZA, Circuit Judges.
   PER CURIAM:

After reviewing the record in this case and considering the briefs of the parties and arguments of counsel, we affirm the District Court’s Judgment essentially for the reasons stated in its Order dated July 29, 2005. The Bankruptcy Court correctly concluded, and the District Court correctly affirmed, that summary judgment should be granted to Tri-Union Development Corp. on the Appellants’ claims of drainage on the 7900' sand, underpayment of royalties or working interest payments on the 8100' sand, and underpayment of royalties or working interest payments on the 8550' sand. As a result, the Appellants are not entitled to an award of attorneys’ fees and costs.

AFFIRMED. 
      
       Pursuant to Fifth Circuit Rule 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Fifth Circuit Rule 47.5.4.
     