U.S. Court of Appeals for the Eighth Circuit, 1999

Cynthia O'Connell v. Overson Inc.

Cynthia O'Connell v. Overson Inc.
U.S. Court of Appeals for the Eighth Circuit · Decided July 2, 1999

Cynthia O'Connell v. Overson Inc.

Opinion

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 * Overson Inc., doing business * [UNPUBLISHED] as Kasson Lumber Co., * * Defendant - Appellee.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 The Honorable Stephen M. Reasoner, United States District Judge for the Eastern District of Arkansas, sitting by designation. 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.

The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota. -2-

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