UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 96-20609
__________________
PAUL R. SMITH,
Plaintiff-Appellant,
versus
CIBA-GEIGY CORPORATION; JOHN K. LIKES; and JAMES M. HAYES,
Defendants-Appellees.
______________________________________________
Appeal from the United States District Court for the
Southern District of Texas
(H-94-CV-2381)
______________________________________________
April 8, 1997
Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appellant, Paul R. Smith, appeals from the summary judgment
dismissal of his employment discrimination claim brought pursuant
to the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-
12213, and his state tort claim for intentional infliction of
emotional distress. After a de novo review of the summary judgment
*
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opinion should not be published and is not precedent except under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.
evidence and pleadings, and consideration of the appellate briefs
and argument presented on appeal, we affirm the judgment of the
district court. Smith has fallen far short of establishing a
genuine issue of material fact on his state law tort claim, and the
summary judgment proof with respect to his ADA claim is likewise
insufficient. Considering the evidence in the light most favorable
to Smith, he has not shown that he was qualified for his former
position as a sales representative for the appellee corporation,
nor that he was treated less favorably than non-disabled employees.
We affirm for essentially the reasons set forth by the district
court in its order of May 23, 1996, granting summary judgment.
AFFIRMED.
2