Case: 09-60395 Document: 00511000422 Page: 1 Date Filed: 01/11/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 11, 2010
No. 09-60395
Summary Calendar Charles R. Fulbruge III
Clerk
SCOTT ANDERSON,
Plaintiff - Appellant
v.
OFFICE DEPOT INC,
Defendant - Appellee
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:08-CV-288
Before REAVLEY, DAVIS, and HAYNES, Circuit Judges.
PER CURIAM:*
The issues appellant raises do not reach the controlling disposition of this
case. That is whether plaintiff-appellant presented any evidence, direct or
circumstantial, that his discharge was motivated by racial discrimination on the
part of the defendant. The district judge correctly ruled that whether the
defendant discharged the plaintiff for using what could be a racial slur, of itself,
was not evidence of defendant’s discrimination.
AFFIRMED.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.