IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50247
Summary Calendar
PHILIP M. KING,
Plaintiff-Appellant,
versus
CITY OF SAN ANTONIO,
Defendant-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-95-CV-175
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December 30, 1996
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Philip M. King appeals from the district court’s grant of
the City of San Antonio’s motion for a judgment as a matter of
law. Fed. R. Civ. P. 50. We have reviewed the record and the
briefs and AFFIRM the dismissal for essentially the same reasons
set forth by the magistrate judge. King v. City of San Antonio,
No. SA-95-CA-0175 (W.D. Tex. Mar. 7, 1996). Judgment as a matter
of law was proper on King’s ADEA claims because no more than a
*
Pursuant to Local 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-50247
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scintilla of evidence supported a finding that the legitimate
nondiscriminatory basis offered for not hiring King was a
pretext.
AFFIRMED.