[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

__________________________ U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

No. 08-10043 JANUARY 20, 2009

__________________________ THOMAS K. KAHN

CLERK

D.C. Docket No. 04-01415-CV-ORD-28DAB GARY L. MOCK,

Plaintiff-Appellant

Cross-Appellee,

versus BELL HELICOPTER TEXTRON, INC.,

Defendant-Appellee

Cross-Appellant.

____________________________

Appeals from the United States District Court

for the Middle District of Florida

_____________________________

(January 20, 2009) Before WILSON and COX, Circuit Judges, and Albritton,* District Judge.

*

Honorable W. Harold Albritton, III, United States District Judge for the Middle District of Alabama, sitting by designation. PER CURIAM:

In a bifurcated trial, the jury returned a verdict finding the Defendant, Bell Helicopter Textron, Inc. (“Bell Helicopter”), liable to the Plaintiff, Gary L. Mock, and the district court awarded Mock damages in the amount of $225,809 plus interest. On appeal, Mock claims that the district court, in computing the damage award, made the following errors: limiting back pay, denying recovery for lost retirement benefits, denying reinstatement, denying front pay, and in determining the applicable prejudgment interest rate.

Bell Helicopter filed a cross-appeal, raising issues of liability. On cross- appeal, Bell Helicopter claims that it is entitled to judgment as a matter of law because the evidence failed to establish pretext, and the district court improperly admitted “me too” evidence.

After a thorough review and consideration of the record, the parties’ briefs, and the oral arguments of counsel, we find no error as to the legal issues and that the district court’s award of damages was within the court’s discretion. Accordingly, we affirm the district court in all respects.

AFFIRMED.

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