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No. 96-2691 ___________

Emmett Mitchell, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. McDonnell Douglas Corporation, * * [UNPUBLISHED] Appellee. *

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Submitted: March 6, 1997

Filed: March 11, 1997 ___________

Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges. ___________

PER CURIAM.

Emmett Mitchell appeals the district court's1 dismissal with prejudice of his discrimination action for his repeated failure to attend his deposition. Having reviewed the record and the parties' briefs, we conclude that the district court did not abuse its discretion in dismissing Mitchell's action pursuant to Federal Rule of Civil Procedure 37(d). See Boogaerts v. Bank of Bradley, 961 F.2d 765, 768 (8th Cir. 1992) (per curiam); Anderson v. Home Ins. Co., 724 F.2d 82, 84 (8th Cir. 1983). Accordingly, we affirm. See 8th Cir. R. 47B.

1 The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri. A true copy.

Attest:

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

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