IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

m 01-10282 _______________

MURRAY L. CHAPPELL,

Plaintiff-Appellant,

VERSUS

JONCO FLEET SERVICES, INC.,

Defendant-Appellee.

_________________________

Appeal from the United States District Court for the Northern District of Texas m 3:99-CV-1069-M _________________________

January 2, 2002

Before JOLLY, SMITH, and BENAVIDES, judgment in this action he brought under the Circuit Judges. Americans with Disabilities Act. The defendant, Jonco Fleet Services, Inc., refused PER CURIAM:* to hire Chappell because there were restrictions on how much he could lift. He Murray Chappell appeals a summary claims that the refusal to hire was because the company perceived him as disabled. * Pursuant to 5TH CIR. R. 47.5, the court has We have reviewed the briefs and pertinent determined that this opinion should not be published portions of the record and have heard the and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. arguments of counsel. We affirm the judgment of the district court adopting the findings and recommendations of the magistrate judge.

The summary judgment record establishes that Chappell was not perceived as precluded from a broad range of jobs. For example, he could have been a truck driver for some employer other than Jonco, and nothing in Jonco’s perception indicated to the contrary; he was not perceived as substantially limited in a major life activity as that term is understood under the ADA.

AFFIRMED.

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