Gerald E. Thompson v. Western District of Tennessee Smith & Nephew, Inc., Memorandum

04-6095United States Court Of Appeals For The 6th Circuit18 ago 2005

Testo completo

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 05a0723n.06
Filed: August 18, 2005
No. 04-6095
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
GERALD E. THOMPSON, )
)
Plaintiff-Appellant, ) ON APPEAL FROM THE UNITED
) STATES DISTRICT COURT FOR THE
v. ) WESTERN DISTRICT OF TENNESSEE
)
SMITH & NEPHEW, INC., ) MEMORANDUM OPINION
)
Defendant-Appellee. )
Before: BATCHELDER, GIBBONS and McKEAGUE, Circuit Judges.
PER CURIAM. Plaintiff-appellant Gerald E. Thompson appeals from the summary
judgment order of the district court, awarding judgment to defendant-appellee Smith & Nephew, Inc.
Thompson had brought claims against his former employer under federal and state law, alleging that
his discharge from employment was motivated by race discrimination. The district court ruled as
a matter of law that the claims were barred by the release signed by Thompson on the last day of his
employment, despite his having appended the words “with reservations” to his signature.
Having had the benefit of oral argument and having carefully considered the record on
appeal, the briefs of the parties, and the applicable law, we are not persuaded that the district court
erred in granting summary judgment to Smith & Nephew.
Because we conclude that the reasoning which supports award of judgment to Smith &
Nephew has been correctly articulated by the district court, issuance of a detailed written opinion
by this court would be duplicative and serve no useful purpose.

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Accordingly, the judgment of the district court is, upon the reasoning employed in its opinion
dated August 12, 2004, hereby AFFIRMED.

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