Hurdle v. Sears Roebuck & Co ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60321
Summary Calendar
PERRIN W. HURDLE,
Plaintiff-Appellant,
versus
SEARS, ROEBUCK AND COMPANY,
Defendant-Appellee.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:95-CV-247-BRR
- - - - - - - - - -
April 15, 1997
Before JONES, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Appellant Perrin Hurdle appeals the summary-judgment
dismissal of his age-discrimination lawsuit. He argues that
genuine issues of material fact exist which preclude summary
judgment; that the district court violated his constitutional
rights by holding that an otherwise invalid waiver could be
ratified; and that, even if it had been ratified, the waiver he
executed did not bar his age-discrimination claim. We have
*
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that this opinion should not be published and is not precedent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.
No. 96-60321
- 2 -
reviewed the record and the district court’s opinion and conclude
that summary judgment was properly awarded in favor of Appellee
Sears, Roebuck and Company. Accordingly, we affirm for
essentially the reasons given by the district court. See
Blakeney v. Lomas Info. Sys., Inc., 65 F.3d 482, 484-85 (5th Cir.
1995), cert. denied, 116 S. Ct. 1042 (1996); Wamsley v. Champlin
Refining & Chem., Inc., 11 F.3d 534, 539-40 (5th Cir. 1993),
cert. denied, 115 S. Ct. 1403 (1995).
Hurdle’s constitutional arguments, raised for the first time
on appeal, do not show error, plain or otherwise.
AFFIRMED.