Fiegener v. STMicroelectronics, et al

*Circuit Judge of the 8th Circuit, sitting by designation.
**Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-10182
WILLIAM FIEGENER
Plaintiff-Appellant,
VERSUS
STMICROELECTRONICS, INC.; SGS-THOMSON MICROELECTRONICS, INC.,
Defendants-Appellees.
Appeal from the United States District Court
For the Northern District of Texas
3:99-CV-788-M
November 20, 2001
Before GARWOOD, DAVIS and MAGILL*, Circuit Judges.
PER CURIAM:**
After reviewing the record and considering the briefs and
argument of counsel, we are satisfied that the only significant
issue presented on appeal is whether Fiegener presented summary
judgment evidence sufficient to raise an inference that the reason

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given by STM for terminating him instead of the younger employee
was pretextual. The magistrate judge excluded the statistical
evidence presented by Fiegener and the argument that this evidence
was erroneously excluded has not been argued on appeal and is
therefore waived. We conclude that the balance of the summary
judgment evidence fails to raise an inference of pretext.
AFFIRMED.

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