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United States Court of Appeals
Fifth Circuit
F I L E D
UNITED STATES COURT OF APPEALS
November 14, 2003
For the Fifth Circuit
Charles R. Fulbruge III
Clerk
No. 03-30276
Summary Calendar
SHELBA J. GREGG, WIFE OF; FRANK D. GREGG,
Plaintiffs-Appellants,
VERSUS
JOHN W. LINDER, II; JAMES O M WOMACK; PATRICK J. BERRIGAN,
Defendants-Appellees.
Appeals from the United States District Court
For the Eastern District of Louisiana
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:
Asserting jurisdiction on the basis of diversity of
citizenship, Frank D. Gregg and his wife, Shelba J. Gregg
(hereinafter "Plaintiffs") filed this legal malpractice action in
the U.S. District Court against John W. Linder, II; James O M
Womack and Patrick J. Berrigan (hereinafter "Defendants") who acted
as attorneys of record for Plaintiffs in a civil action filed in
the United States District Court for the Eastern District of
Louisiana. The Defendants filed motions for summary judgment

arguing that all of the Plaintiffs'legal malpractice claims against
the Defendants were pre-empted under LSA R.S. 9:5605 and should be
dismissed. The district court found that the undisputed facts
demonstrated that the Plaintiffs knew or should have known the
facts forming the basis of their malpractice claims more than one
year prior to the filing of this suit, and therefore the claims
were barred by pre-emption under LSA R.S. 9:5605. Plaintiffs
appeal to this Court.
We have carefully reviewed the briefs, the record excerpts,
and relevant portions of the record itself. For the reasons stated
by the district court in its order and reasons filed under date of
March 11, 2003, we affirm the decision of the district court to
grant summary judgment in favor of Defendants.
AFFIRMED.
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