Marlin E. Jones v. Ideal Linen Supply ( 1999 )


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  •                       United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    _____________
    No. 98-4169NE
    _____________
    Marlin E. Jones,                         *
    * On Appeal from the United
    Appellant,                  * States District Court
    * for the District of
    v.                                 * Nebraska.
    *
    Ideal Linen Supply,                      * [Not to be Published]
    *
    Appellee.                   *
    ___________
    Submitted: September 3, 1999
    Filed: September 15, 1999
    ___________
    Before McMILLIAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.
    ___________
    PER CURIAM.
    Marlin Jones appeals from the District Court’s1 order denying his motion to set
    aside the verdict reached after a jury trial on his claim of age discrimination. After
    careful review of the record and the parties’ submissions, we conclude that the District
    Court properly treated the motion as one for a new trial, see Brown v. Royalty, 
    535 F.2d 1024
    , 1028 (8th Cir. 1976), and did not abuse its discretion in denying the
    1
    The Honorable David L. Piester, United States Magistrate Judge for the District
    of Nebraska, to whom the case was referred for final disposition by consent of the
    parties pursuant to 28 U.S.C. § 636(c).
    motion. Jones never specified how his counsel’s alleged misconduct prejudiced his
    case, see Hofer v. Mack Trucks, Inc., 
    981 F.2d 377
    , 385 (8th Cir. 1992) (misconduct
    is prejudicial if it affects movant’s substantial rights or unduly taints proceedings);
    Dabney v. Montgomery Ward & Co., 
    761 F.2d 494
    , 500 (8th Cir.) (standard of
    review), cert. denied, 
    474 U.S. 904
    (1985).
    Accordingly, we affirm. See 8th Cir. R. 47B.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 98-4169

Filed Date: 9/15/1999

Precedential Status: Non-Precedential

Modified Date: 10/13/2015