Bass v. Oxy-Chem ( 1998 )

UNITED STATES COURT OF APPEALS for the Fifth Circuit _____________________________________ No. 97-40970 _____________________________________ ELVIN BASS, Plaintiff-Appellant, VERSUS OXY-CHEM; BRIGGS-WEAVER COMPANY, Defendants-Appellees. ______________________________________________________ Appeal from the United States District Court for the Southern District of Texas (G-96-CV-131) ______________________________________________________ April 13, 1998 Before GARWOOD, DAVIS and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* After reading the briefs and hearing oral argument in this case and reviewing pertinent portions of the record, we agree with the district court that Mr. Bass' working conditions were not so intolerable as to justify a conclusion that he was constructively discharged. Accordingly, the judgment of the district court is affirmed. AFFIRMED. * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2