Clarence Bell v. Tyson Foods

United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 98-3898

Clarence Kenneth Bell, * * Plaintiff-Appellant, * Appeal from the United States * District Court for the Eastern v. * District of Arkansas * Tyson Foods, Inc., * [UNPUBLISHED] * Defendant-Appellee. *

Submitted: April 23, 1999 Filed: May 7, 1999

Before McMILLIAN and MURPHY, Circuit Judges, and MONTGOMERY, District Judge.1

PER CURIAM.

Clarence Kenneth Bell (“Bell”) brought this action pursuant to the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54 (1999), alleging that his former employer, Tyson Foods, Inc. (“Tyson”), improperly terminated him for excessive absenteeism. He now appeals the district court’s2 order granting Tyson’s motion for summary judgment. The district court concluded that Bell had failed to present sufficient evidence demonstrating the objective existence of a serious health condition--a necessary showing for his recovery under the FMLA. Having reviewed the record and the parties’ briefs, we conclude that the district court’s ruling was correct, and an extended discussion is not warranted. We affirm for the reasons stated by the district court. See 8th Cir. R. 47B.

A true copy.

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