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No. 95-2419WM _____________

Otis B. Gaston, * * Appellant, * Appeal from the United States * District Court for the Western v. * District of Missouri. * Stone Container Corporation, * [UNPUBLISHED] * Appellee. * _____________

Submitted: January 5, 1996

Filed: January 19, 1996 _____________

Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _____________

PER CURIAM.

Otis B. Gaston appeals the district court's grant of summary judgment to Stone Container Corporation on Gaston's employment discrimination claims. The district court correctly denied Gaston's failure-to-promote claim because Gaston failed to exhaust his administrative remedies. See Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994). The district court also correctly denied Gaston's retaliatory and discriminatory discipline claims because Gaston failed to respond to Stone Container's motion for summary judgment and failed to establish the existence of a factual issue. See Fed. R. Civ. P. 56(c), (e); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.