Vela v. City of Corpus Chris, 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41435
Summary Calendar
ANA MARIE VELA,
Plaintiff-Appellant,
versus
CITY OF CORPUS CHRISTI, TEXAS; CORPUS CHRISTI
FIRE DEPARTMENT; CORPUS CHRISTI FIRE FIGHTERS
ASSOCIATION, LOCAL 936; CORPUS CHRISTI FIRE
FIGHTERS ASSOCIATION SELF FUNDED DENTAL FUND,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CV-0034
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April 7, 2000
Before JOLLY, JONES and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appellant Ana Marie Vela (“Vela”) appeals from an adverse
summary judgment dismissing her complaint alleging employment
discrimination against appellees Corpus Christi Fire Fighters
Association Local 936 (“the Fire Fighters Association”) and
Corpus Christi Firefighters Association Self Funded Dental Fund
(“the Dental Fund”). The City of Corpus Christi, Texas and its

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No. 98-41435
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fire department were dismissed from the complaint without
prejudice and are not parties to the appeal.
The summary judgment proof conclusively established that
Vela was not a firefighter or a member of the Fire Fighters
Association. The evidence further demonstrated that neither the
Fighters Association nor the Dental Fund employ more than one
person apiece. Vela presented no summary judgment evidence in
response to the appellees’s motion for summary judgment. As the
evidence indisputably leads to the conclusion that neither the
Fire Fighters Association nor the Dental Fund is Vela’s employer
for purposes of Title VII, Vela’s arguments on appeal are wholly
without merit. For the reasons set forth in the order of the
Magistrate Judge granting the motion for summary judgment dated
October 27, 1998, the judgment of the district court is affirmed.
AFFIRMED.

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