Kevin Witcher v. Bayer CropScience USA LP

Filing 920090312

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1614

KEVIN E. WITCHER; BOBBY BURNS, Plaintiffs ­ Appellants, v. BAYER CROPSCIENCE USA LP, Its agents, employees and those in concert with, Defendant ­ Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:06-cv-00947)

Submitted:

February 18, 2009

Decided:

March 12, 2009

Before TRAXLER, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eunice L. Green, GREEN LAW FIRM, Dunbar, West Virginia, for Appellants. Joseph M. Price, Mark H. Hayes, ROBINSON & MCELWEE, PLLC, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Kevin E. Witcher and Bobby Burns appeal the district court's order granting Defendant's summary judgment motion on their retaliation, racial discrimination and hostile work

environment claims, brought pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17 (2000) ("Title VII"), and West Virginia law. the record and find no reversible error. the district court's order. We have reviewed

Accordingly, we affirm

See Witcher v. Bayer CropScience We legal

USA LP, No. 2:06-cv-00947 (S.D. W. Va. Apr. 14, 2008). dispense with oral argument because the facts and

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

2