UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 95-10985
Summary Calendar
TAMARA W DAVIS
Plaintiff - Appellant
VERSUS
PRINTPACK, INC
Defendant - Appellee
Appeal from the United States District Court
For the Northern District of Dallas
3:94-CV-2307-R
April 26, 1996
Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:1
Appellant, a black female, sued her former employer alleging
that she was terminated due to her race and sex in violation of
Title VII of the Civil Rights Act of 1964. The district court
granted summary judgment for the employer and Appellant appeals
contending that the district court ignored some evidence and erred
in holding that there was no issue of material fact as to the
1
Pursuant to Local Rule 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opinion should not be published and is not precedent except under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 Local Rule 47.5.4.
Appellee’s nondiscriminatory reason for discharge or that the
Appellant’s prima facie case, if made, was successfully rebutted.
Our independent review of the record convinces us that all evidence
was considered and that no issue of fact was created. We affirm.
Appellant complains of the brevity of the district court’s
discussion of the evidence but we suspect that is the result of the
fact that the evidence, which we do not here recite, is
overwhelming in its support of the motion.
Appellant’s cause fails for a number of reasons, but primarily
because the Appellee’s reason for Appellant’s discharge
(abolishment of her position) is unquestioned by the evidence. The
position was abolished in a total reorganization of the management
of the company done in a manner recommended by an employee
management team on which Appellant herself served. The position
was not recreated and none of its duties were transferred to
others. The two employees most similarly situated to Appellant,
both white males, were similarly treated. Had Appellant stated a
prime facie case (which we assume but do not decide) the evidence
is totally uncontroverted that she was terminated for a legitimate,
nondiscriminatory reason. The totality of the evidence in this
record does not permit even the hint of an inference of race or sex
discrimination much less raise an issue of material fact.
AFFIRMED.
2