Elmer Webb v. Pulitzer Publishing ( 1997 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-1014
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Elmer J. Webb, Jr., *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Pulitzer Publishing Company, *
* [UNPUBLISHED]
Appellee. *
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Submitted: June 24, 1997
Filed: July 10, 1997
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Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.
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PER CURIAM.
After remand, Elmer J. Webb, Jr., appeals from the
district court's1 entry of judgment for defendant
following a bench trial in his employment discrimination
action. Because Webb has not provided a transcript of
the trial proceedings, we cannot review the district
court’s factual findings. See Fed. R. App. P. 10(b);
1
The Honorable Jean C. Hamilton, Chief Judge, United States District Court for
the Eastern District of Missouri.
Meroney v. Delta Int'l Mach. Corp., 18 F.3d 1436, 1437
(8th Cir. 1994); Schmid v. United Bhd. of Carpenters
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& Joiners, 827 F.2d 384, 386 (8th Cir. 1987) (per
curiam), cert. denied, 484 U.S. 1071 (1988).
Accepting the district court's factual findings as
true, we agree that judgment for defendant was proper.
See Davenport v. Riverview Gardens Sch. Dist., 30 F.3d
940, 945 (8th Cir. 1994) (employer’s identification of
alleged rule infractions sufficiently set forth
legitimate, nondiscriminatory reasons for plaintiff's
termination); cf. Harvey v. Anheuser-Busch, Inc., 38 F.3d
968, 971-72 (8th Cir. 1994) (summary judgment proper
where plaintiff failed to present sufficient evidence
that proffered reason was pretextual or that
discriminatory motive was more likely).
Webb incorrectly argues that he was entitled to a
jury trial. His Title VII claim arose before the
November 21, 1991 effective date of the 1991 Civil Rights
Act, and the 1991 Act is not retroactive. See Landgraf
v. USI Film Prods., 511 U.S. 244, 280-86 (1994); Wright
v. General Dynamics Corp., 23 F.3d 1478, 1479 (8th Cir.
1994).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH
CIRCUIT.
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