Michael Chapman v. Lab One

03-2105Court of Appeals for the Eighth Circuit30 nov 2004

Testo completo

1The Honorable Joseph F. Bataillon, United States District Judge for the
District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 04-1626
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Vicky M. Wright, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Nonpareil, an Iowa Corporation, *
* [UNPUBLISHED]
Appellee. *
___________
Submitted: November 4, 2004
Filed: November 12, 2004
___________
Before MURPHY, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Vicky Wright applied for an editor position with a newspaper owned by
Nonpareil. The managing editor interviewed Wright, but hired a candidate who,
unlike Wright, had newspaper editing experience and was familiar with the software
used by the paper. Wright brought this 42 U.S.C. § 1981 action, claiming Nonpareil
refused to hire her because of her race. The district court 1 granted Nonpareil’s motion
for summary judgment, and Wright appeals.

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-2-
Assuming without deciding that Wright established a prima facie case of
discrimination, we agree with the district court that she failed to show Nonpareil’s
articulated nondiscriminatory reason for not hiring her was a pretext for race
discrimination. See Kincaid v. City of Omaha, 378 F.3d 799, 803-06 (8th Cir. 2004).
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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