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No. 95-2349NI _____________

Carol A. Mummelthie, * * Appellant, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. City of Mason City, Iowa; * Alberta Carlene Davis, * [UNPUBLISHED] * Appellees. * _____________

Submitted: February 22, 1996

Filed: March 8, 1996 _____________

Before FAGG, BOWMAN, and LOKEN, Circuit Judges. _____________

PER CURIAM.

Carol A. Mummelthie, an employee in the city clerk's office in Mason City, Iowa, brought this equal protection claim against Mason City and the city clerk, Alberta Carlene Davis. Mummelthie contended Davis failed to promote her to the position of deputy city clerk because of her age. After a bench trial, the district court found no discrimination and entered judgment for Davis. Mummelthie appeals, arguing the district court's finding is clearly erroneous. We disagree. Although the record shows Mummelthie is a competent and experienced clerical employee, the district court could reasonably find Davis chose not to promote her because Davis considered Mummelthie was less qualified than the successful candidate for deputy clerk. Because the record supports the district court's finding that Davis's hiring decision was not based on Mummelthie's age, we affirm. See St. Mary's Honor Center v. Hicks, 113 S. Ct. 2742, 2756 (1993); 8th Cir. R. 47B. A true copy.

Attest:

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

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