Hyden v. Generl Dynamics Cor

                     UNITED STATES COURT OF APPEALS
                          for the Fifth Circuit

                  _____________________________________

                               No. 97-40353
                            Summary Calendar
                    _________________________________

                                  OLEN HYDEN,

                                                      Plaintiff-Appellant,

                                    VERSUS

                         GENERAL DYNAMICS CORPORATION,

                                               Defendant-Appellee.
      ______________________________________________________

           Appeal from the United States District Court
                for the Southern District of Texas
                           (B-94-CV-227)
      ______________________________________________________
                          January 7, 1998

                                   O R D E R

Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.

BY THE COURT:

      The opinion in this case originally filed on December 11, 1997

is withdrawn and the attached opinion is substituted in its place.

      Appellant challenges the district court’s grant of summary

judgment in favor of Appellee in this age discrimination action

brought under the ADEA, 29 U.S.C. §§ 621 et seq.           After reviewing

the record, we agree with the district court that Appellant failed

to produce summary judgment evidence that created a genuine issue

of   material     fact     supporting   Appellant’s   claim   that   he   was

terminated because of his age.          We therefore AFFIRM the district

court’s judgment.

      AFFIRMED.