IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 97-10698

Summary Calendar ____________________

VINCENT ROJAS,

Plaintiff-Appellant,

v.

GARDERE & WYNNE,

Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas, Dallas (3:96-CV-1261-P) _________________________________________________________________ November 25, 1997 Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

This is an appeal from the district court’s grant of summary

judgment in favor of the defendant in this Title VII race

discrimination and retaliation case. The district court provided

an excellent Memorandum Opinion and Order in which it set out each

of the plaintiff’s claims and the law applicable thereto and

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. carefully considered all of the summary judgment evidence. The

arguments that the plaintiff urges on appeal were addressed by the

district court and we cannot improve on the reasons that it gave

for rejecting them. In summary, we agree with the district court

that the defendant articulated a legitimate, non-discriminatory

reason for terminating the plaintiff, specifically his

insubordination, and that the plaintiff failed to come forward with

evidence that this reason was a pretext masking discriminatory

animus. The defendant’s treatment of other employees does not

suffice to show pretext because the summary judgment evidence

reflects that these employees were disciplined for poor work

performance rather than insubordination. The district court’s

judgment is affirmed for the reasons given by the district court.

AFFIRMED.

2