Florence v. Henderson, et al

*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this opinion should not be published and is not precedent except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. 98-10375
Summary Calendar
GERALD G. FLORENCE,
Plaintiff-Appellant,
VERSUS
WILLIAM J. HENDERSON,
U.S. Postal Service Postmaster General,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Texas
(3:95-CV-1396-D)
January 20, 2000
Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.
PER CURIAM:*
Florence filed this suit against the Postmaster General
seeking damages for transferring him involuntarily to what he
considered an undesirable work location. Florence alleged that the
Postal Service transferred him for two reasons: (l) because he was
handicapped and (2) in retaliation for filing Equal Employment
Opportunity complaints. Following a bench trial, the district
court found that the Postal Service did not transfer Florence for
either of these reasons. To the contrary, the court found that the
transfer was made to balance work loads among employees and for

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budgetary considerations. These findings are amply supported by
the record and are not clearly erroneous.
The judgment of the district court is therefore
AFFIRMED.

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