Manney v. Maritz Travel Co

*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opinion should not be published and is not precedent except under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. 01-10404
Summary Calendar
DIANE MANNEY,
Plaintiff-Appellant,
VERSUS
MARITZ TRAVEL COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas
(3:00-CV-28-H)
November 20, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Diane Manney (“Manney”) sued her former employer, Maritz
Travel Company (“Maritz”), alleging a violation of the Age
Discrimination and Employment Act, 29 U.S.C. § 621, et seq. Maritz
answered that Manney’s position had been eliminated in November
1998 as part of a reduction in force and change of focus for the

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company business. Maritz moved for summary judgment based on
Manney’s failure to adduce sufficient evidence of pretext. The
district court carefully considered the pleadings, the summary
judgment motion, and the summary judgment evidence and concluded in
oral findings dated February 23, 2001, that there was not
sufficient evidence upon which a reasonable jury could find that
the non-discriminatory reason offered by Maritz for Manney’s
termination was a pretext for age discrimination. The district
court granted summary judgment in favor of Maritz and Manney
appeals to this Court.
We have carefully reviewed the briefs, the reply brief, the
record excerpts, and relevant portions of the record itself. For
the reasons stated by the district court in its oral findings dated
February 23, 2001, the decision of the district court to grant
summary judgment in favor of Maritz will be affirmed.
AFFIRMED.

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