IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

m 99-40771 _______________

FRANCIS N. TERRELL,

Plaintiff-Appellee,

VERSUS

UNIVERSITY OF NORTH TEXAS,

Defendant-Appellant.

_________________________

Appeal from the United States District Court for the Eastern District of Texas (4:97-CV-201) _________________________ September 1, 2000

Before SMITH and DENNIS, Circuit judgment on a jury verdict in this title VII race Judges, and ROETTGER, District Judge.* discrimination employment case brought by Francis Terrell. We conclude, first, that the PER CURIAM:** notice of appeal was timely, so we do have appellate jurisdiction. The University of North Texas appeals a We have examined the briefs and pertinent portions of the record. We find no reversible * District Judge of the Southern District of error in any of the actions taken by the district Florida, sitting by designation. court. ** Pursuant to 5TH CIR. R. 47.5, the court has Specifically, we conclude that the evidence determined that this opinion should not be was sufficient for the jury to find race discrim- published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. ination. Regarding the sufficiency of the evi- 47.5.4. dence to establish mental anguish, the issue was waived by failure to object to the jury sub- mission. There was no error in the submission regarding motivating factor. Moreover, the defendant failed to request an instruction on mixed motive, so that issue is waived.

AFFIRMED.

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