Miller v. Service Paint Co

                     UNITED STATES COURT OF APPEALS

                          FOR THE FIFTH CIRCUIT


                              __________________

                                 No. 98-40734
                               Summary Calendar
                              __________________



     CLEMON H. MILLER,

                               Plaintiff - Appellant,

        v.

     SERVICE PAINT CO., 7305 Upriver Road, Corpus Christi, TX
     78409,

                               Defendant - Appellee.


             ______________________________________________

              Appeal from the United States District Court
                   for the Southern District of Texas
                              (C-96-CV-539)
             ______________________________________________

                                 May 3, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

     Clemon     H.   Miller    (Miller)   appeals   from   a   jury   verdict

resulting in the dismissal of his claim that his employment with

appellee was terminated based on his race.

     Miller's sole argument on appeal is that the district court

erred in its instruction to the jury.           However, the instruction

*
   Pursuant to 5TH CIR. 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opinion should not be published and is not precedent except under the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 5TH CIR. R. 47.5.4.
that Miller contends should have been given was not proposed to the

district court nor did Miller object to the instructions that, in

fact, were given to the jury by the district court.   By failing to

object to the instructions, Miller has not preserved his claim made

on appeal.   Accordingly, the judgment of the district court is

affirmed.

     AFFIRMED.




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