Scott Anderson v. Office Depot Inc

Filing 920100111

Case: 09-60395

Document: 00511000422

Page: 1

Date Filed: 01/11/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-60395 Summary Calendar January 11, 2010 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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