UNITED STATES COURT OF APPEALS for the Fifth Circuit

_____________________________________

No. 97-40353 Summary Calendar _________________________________

OLEN HYDEN,

Plaintiff-Appellant,

VERSUS

GENERAL DYNAMICS CORPORATION,

Defendant-Appellee. ______________________________________________________

Appeal from the United States District Court for the Southern District of Texas (B-94-CV-227) ______________________________________________________ January 7, 1998

O R D E R

Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.

BY THE COURT:

The opinion in this case originally filed on December 11, 1997

is withdrawn and the attached opinion is substituted in its place.

Appellant challenges the district court’s grant of summary

judgment in favor of Appellee in this age discrimination action

brought under the ADEA,

et seq. After reviewing

the record, we agree with the district court that Appellant failed

to produce summary judgment evidence that created a genuine issue

of material fact supporting Appellant’s claim that he was

terminated because of his age. We therefore AFFIRM the district

court’s judgment.

AFFIRMED.