April 29, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 93-2331
ALDALBERTO CALDERON DE JESUS,
Plaintiff, Appellant,
v.
ESB GENERAL BATTERY CORPORATION,
Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Juan M. Perez-Gimenez, U.S. District Judge]
Before
Torruella, Selya and Stahl,
Circuit Judges.
Fernado L. Gallardo and Woods & Woods on brief for
appellant.
Goldman Antonetti Gordova & Axtmayer, Vicente J. Antonetti
and Roberto A. Fernandez, on brief for appellee.
Per Curiam. Plaintiff claimed that his discharge
violated 1) 42 U.S.C. 1981, 2) 42 U.S.C. 1983, 3) Title
VII, and 4) 29 L.P.R.A. 146. Defendant moved to dismiss
the first two claims. The district court granted the motion,
but dismissed the entire action. On appeal, plaintiff does
not challenge the dismissal of the 1981 and 1983 claims,
and defendant concedes that the Title VII claim was
improperly dismissed. Seeing no basis for the dismissal of
the Title VII claim, we affirm the dismissal of the 1981
and 1983 claims, but vacate the dismissal of the other
claims and remand for further proceedings, including a
determination by the district court whether to exercise
pendent jurisdiction over the state law claim.
Affirmed in part; vacated and remanded in part; no
costs.
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