UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-30897 Summary Calendar

RONNIE C. BAYLOR

Plaintiff-Appellant,

versus

KANSAS CITY SOUTHERN RAILWAY SYSTEM

Defendant-Appellee.

Appeal from the United States District Court For the Western District of Louisiana (No. 99-CV-2335)

January 4, 2002 Before DeMOSS, PARKER and DENNIS, Circuit Judges.

PER CURIAM:*

The judgment of the district court is affirmed. Appellant

has failed to make out a prima facie case of racial

discrimination under Title VII, there being no evidence that

Appellant suffered disparate treatment compared to similarly

situated coworkers. And even if he had made out a prima facie

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. case, Appellant has failed to offer any evidence that the stated

justification for the adverse employment action was pretextual,

as the district court’s memorandum ruling rightly concluded.

AFFIRMED.

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