UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 98-60753
Summary Calendar
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DANA MICHELE RANDOLPH,
Plaintiff-Appellant,
versus
WAL-MART STORES, INC.; HARVEY MOHESKY,
individually and in his official capacity,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Mississippi
(3:97-CV-183-BB)
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May 5, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Dana Michele Randolph appeals the summary judgment dismissing
her claims against her former employer, Wal-Mart Stores, Inc., and
regional manager Harvey Mohesky, for violations of Title VII, 42
U.S.C. § 2000e, et seq., and the Equal Pay Act, 29 U.S.C. § 206,
and the dismissal without prejudice of her state law claims for
intentional and negligent infliction of emotional distress and
tortious interference with a business relationship. Randolph
contends that she presented evidence establishing material fact
issues regarding whether the defendants treated similarly situated
*
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this opinion should not be published and is not precedent except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.
males differently and whether Wal-Mart’s stated reason for
discharging her was pretextual. (Assuming summary judgment was
proper, Randolph does not contest the dismissal without prejudice
of her state law claims.)
Pursuant to FED. R. CIV. P. 56, and viewing the summary judgment
evidence in the light most favorable to Randolph, there is no
material fact issue regarding whether Randolph was discharged on
the basis of her sex, or whether she received less pay than
similarly situated male employees. Accordingly, granting summary
judgment for the defendants on the Title VII and Equal Pay Act
claims was proper, essentially for the reasons stated by the
district court. Randolph v. Wal-Mart Stores, Inc., No. 3:97-CV-
183-B-A (N.D. Miss. Oct. 30, 1998) (unpublished).
AFFIRMED
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