McCarter v. West ( 1997 )

F I L E D
United States Court of Appeals
Tenth Circuit
PUBLISH
JAN 28 1997
UNITED STATES COURT OF APPEALS
PATRICK FISHER
TENTH CIRCUIT Clerk
LORNA L. McCARTER,
Plaintiff-Appellant,
No. 96-3040
v.
TOGO D. WEST, JR., Secretary of the
Army,
Defendant-Appellee.
Appeal from United States District Court
for the District of Kansas
(D.C. No. 94-CV-2383)
Submitted on the briefs:
Jeffrey L. Baxter, of Chapman, Waters & Baxter, of Leavenworth, Kansas, for the
appellant.
Jackie N. Williams, United States Attorney, and Janice Miller Karlin, Assistant United
States Attorney, State of Kansas, for the appellee.
Before TACHA, BALDOCK, and BRISCOE, Circuit Judges.
BRISCOE, Circuit Judge.
Plaintiff Lorna McCarter appeals the district court's grant of summary judgment in
favor of defendant Togo West, Jr., Secretary of the Army, on her claims of sex-based and
disability-based employment discrimination under Title VII of the Civil Rights Act of
1964 and § 501 of the Rehabilitation Act.
We review the district court's decision to grant summary judgment de novo. Wolf
v. Prudential Ins. Co. of America, 50 F.3d 793, 796 (10th Cir. 1995). After careful
examination of the record, we conclude the analysis and conclusions set forth in the
district court's memorandum and order granting summary judgment are correct and that
plaintiff's challenge to the decision lacks merit. We therefore adopt the district court's
memorandum and order, McCarter v. West, 910 F. Supp. 519 (D. Kan. 1995), as the
opinion of this court. See Herrera v. International Union, 73 F.3d 1056, 1057 (10th Cir.
1996) (adopting district court's opinion as opinion of court of appeals).
Defendant's motion to strike portions of plaintiff's appendix is GRANTED.
The judgment of the district court is AFFIRMED.
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