Lisa P. Marston v. at&tcorporation, a New York corporation

03-1539Court of Appeals for the Fourth CircuitFeb 13, 2004

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1539
LISA P. MARSTON,
Plaintiff - Appellant,
versus
AT&T CORPORATION, a New York corporation,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (CA-02-516-3)
Submitted: October 10, 2003 Decided: February 13, 2004
Before NIEMEYER, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jay J. Levit, LEVIT, MANN, HALLIGAN & WARREN, P.C., Richmond,
Virginia, for Appellant. Ronda Brown Esaw, MCGUIRE WOODS, LLP,
McLean, Virginia; Michele L. Settle, MCGUIRE WOODS, LLP, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Lisa P. Marston appeals from the district court’s grant
of summary judgment to AT&T in Marston’s employment discrimination
suit. We have reviewed the briefs and joint appendix and find no
reversible error. Accordingly, we affirm substantially on the
reasoning of the district court. Marston v. AT&T Corp, No.
CA-02-516-3 (E.D. Va. Mar. 31, 2003). In addition, we hold that
any claim that Marston was subjected to a retaliatory hostile work
environment was waived by her failure to clearly raise the claim in
district court. See Muth v. United States, 1 F.3d 246, 250 (4th
Cir. 1993). We dispense with oral argument, because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED

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