United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-2966 ___________

Dean Russell Clark, * * Appellant, * * v. * Appeal from the United States * District Court for the Harold F. Synstelien, Administrative * District of Minnesota. Staff, State of Minnesota Board of * Electricity, * [UNPUBLISHED] * Appellee. * ___________

Submitted: December 2, 1997 Filed: December 16, 1997 ___________

Before FAGG, BOWMAN, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Dean Russell Clark appeals from the adverse grant of summary judgment by the District Court1 in his action alleging racial discrimination under Title VII, 42 U.S.C. § 2000e-2(a) (1994), and disability discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213 (1994). After carefully reviewing

1 The Honorable Donald D. Alsop, United States District Judge for the District of Minnesota. the record, we affirm the District Court&s judgment. See 8th Cir. R. 47B. Appellee&s motion to dismiss the appeal is denied as moot.

A true copy.

Attest:

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

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