Cynthia O'Connell v. Overson Inc.

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 98-4043 ___________ Cynthia A. O’Connell, * * Plaintiff - Appellant, * Appeal from the United States * District Court for the v. * District of Minnesota. * Overson Inc., doing business * [UNPUBLISHED] as Kasson Lumber Co., * * Defendant - Appellee. * ___________ Submitted: June 18, 1999 Filed: July 2, 1999 ___________ Before MURPHY and MAGILL, Circuit Judges, and REASONER,1 District Judge. ___________ PER CURIAM.

Cynthia A. O’Connell was an employee of Overson Inc., a small lumber company with sixteen employees, for nine years. She was terminated for what Overson said was part of a restructuring for financial reasons, but she believed the discharge was because of her disability. O’Connell sued under the Americans with Disabilities Act (ADA) of 1990 § 107(a), 42 U.S.C. § 12117(a), the Civil Rights Act of 1991 § 102, 42 U.S.C. § 1981(a), and the Minnesota Human Rights Act, Minn. Stat. § 363.03. The district court2 granted Overson’s motion for summary judgment, concluding that O’Connell had not produced sufficient evidence to show discriminatory intent or pretext. O’Connell appealed from the judgment. After a careful review of the record, we agree that Overson was entitled to summary judgment and therefore affirm. See 8th Cir. R. 47B.

A true copy.

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