* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-10546 IN THE MATTER OF: THE WAY APARTMENTS DT, Debtor.

BEAL BANK SSB, Appellee, v. THE WAY APARTMENTS DT, Appellant. Appeal from the United States District Court for the Northern District of Texas, Ft. Worth (4:98-CV-12-A) January 8, 1999 Before POLITZ, Chief Judge, KING, and BENAVIDES, Circuit Judges.

PER CURIAM: * We affirm the judgment of the district court for essentially the reasons given in its Memorandum Opinion and Order filed April 1, 1998. The mandate shall issue forthwith.

AFFIRMED.