United States v. William Mefford

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 11-3063
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Alan T. Boyce, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of South Dakota.
Interbake Foods, *
* [UNPUBLISHED]
Appellee. *
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Submitted: March 5, 2012
Filed: March 14, 2012
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Before WOLLMAN, MELLOY, and SMITH, Circuit Judges.
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PER CURIAM.
Alan Boyce appeals the district court’s adverse grant of summary judgment1
in his action against Interbake Foods, in which he asserted claims under Title VII, and
a state-law claim of intentional infliction of emotional distress. First, we note that--to
the extent Boyce has raised new allegations on appeal--we do not consider them. See
Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004) (declining to consider
allegations first raised on appeal). Further, upon careful de novo review, see Tusing
v. Des Moines Indep. Cmty. Sch. Dist., 639 F.3d 507, 514 (8th Cir. 2011) (grant of
Honorable Karen E. Schreier, Chief Judge, United States District Court for the1
District of South Dakota.

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summary judgment reviewed de novo), we conclude that there is no basis for reversal,
as Interbake Foods was entitled to judgment as a matter of law on each of Boyce’s
claims.
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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