Miller v. Rumsfeld

*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opinion should not be published and is not precedent except under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
Fifth Circuit
F I L E D
May 4, 2004
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 03-11203
Summary Calendar
ARLEIGH A. MILLER,
Plaintiff-Appellant,
VERSUS
DONALD H. RUMSFELD, SECRETARY,
DEPARTMENT OF DEFENSE,
Defendant-Appellee.
Appeal from the United States District Court
For the Northern District of Texas, Dallas
(3:01-CV-2108-H)
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Arleigh A. Miller (hereinafter Plaintiff) filed suit in
October, 2001, against Donald H. Rumsfeld (hereinafter Defendant)
in his official capacity as Secretary of the Department of Defense
and Operator of the Army and Air Force Exchange Service (AAFES) by

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whom Plaintiff was employed. Plaintiff asserts that she was
discriminated against on the basis of age and retaliated against
for asserting her age discrimination claim in violation of the Age
Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”).
In March, 2003, Defendant filed a motion for summary judgment which
the district court granted in October, 2003, by a ten page
memorandum opinion and order. Plaintiff timely filed this appeal.
We have carefully examined the briefs, the record excerpts and
relevant portions of the record itself. For the reasons stated by
the district court in its memorandum opinion and order filed on
October 14, 2003, we affirm the final judgment entered by the
district court in favor of Defendant entered on October 14, 2003.
AFFIRMED.

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