IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-11221
RAY MASON
Plaintiff - Appellant
v
DURHAM TRANSPORTATION INC.
Defendant - Appellee
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:99-CV-267-C
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July 10, 2001
Before KING, Chief Judge, BARKSDALE, Circuit Judge, and NOWLIN,*
District Judge.
PER CURIAM:**
Plaintiff-Appellant Ray Mason appeals the district court’s
judgment in favor of his former employer, Defendant-Appellee
Durham Transportation, Inc. (“Durham”). Mason asserted
employment discrimination under the Americans with Disabilities
Act (“ADA”), 42 U.S.C. §§ 12101-12213, and retaliatory discharge
under Title VII, 42 U.S.C. § 2000(e) et seq. Mason also appeals
from a post-judgment order awarding Durham its attorneys fees as
a part of the costs.
*
Chief Judge of the Western District of Texas, sitting by
designation.
**
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that this opinion should not be published and is not precedent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.
The summary judgment evidence clearly demonstrates that
Mason was not “qualified,” as that term is defined under the ADA,
to perform his job in view of the facts that the job required him
to operate commercial motor vehicles (i.e., school buses), that
Texas law requires an operator of a commercial motor vehicle to
hold a valid commercial driver’s license, and that Mason could
not obtain a valid commercial driver’s license because of his
visual impairment at the time he was terminated. Because Mason
was not qualified for the job, he did not meet his initial burden
of establishing a prima facie case of disability-based
discrimination. We need not and do not address any other aspect
of this discrimination case. We are not persuaded, however, that
Mason’s case was so lacking in merit as to be groundless.
The judgment entered September 20, 2000 is AFFIRMED. The
Order on Motion to Tax Attorney Fees as Costs is VACATED. Each
party shall bear its own costs.
Judge Barksdale would affirm the Order on Motion to Tax
Attorney Fees as Costs.
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