Reed v. Lowe's Home Ctr Inc
Reed v. Lowe's Home Ctr Inc
Opinion
United States Court of Appeals Fifth Circuit F I L E D UNITED STATES COURT OF APPEALS February 9, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk
No. 03-41132 Summary Calendar
MICHELLE REED, Plaintiff-Appellant, v. LOWE’S HOME CENTERS INC.; ET AL., Defendants, LOWE’S HOME CENTERS INC., Defendant-Appellee.
Appeal from the United States District Court for the Eastern District of Texas, Beaumont 1:02-CV-475
Before JONES, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:* Plaintiff-appellant Michelle Reed (Reed) appeals from a summary judgment dismissing her claims against Defendant-appellee, Lowe’s Home Centers, Inc., alleging employment discrimination 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. also claims of intentional infliction of emotional distress under Texas state law. Our de novo review of the record leads to the inescapable conclusion that Reed failed to establish a prima facie case of discrimination and that her proof and allegations with respect to her state law tort claim cannot survive summary judgment. The judgment of the district court is affirmed essentially for the reasons stated in the district court’s order dated July 16, 2003.
AFFIRMED
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