Yarbrough v. Alliant Foodservice ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-60205
_____________________
HORACE YARBROUGH,
Plaintiff-Appellant,
versus
ALLIANT FOODSERVICE, INC.,
Successor In Interest of
Kraft Foodservice, Inc.,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Mississippi
(3:96-CV-211-BN)
_________________________________________________________________
April 23, 1998
Before GARWOOD, JOLLY, and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Horace Yarbrough appeals the district court’s summary judgment
in favor of Alliant Foodservice, Inc. (“Alliant”), dismissing his
age discrimination claim and his state claim for tortious
interference with his prospective contract and business-relations
rights. Although the district court erred when it found that
Yarbrough failed to demonstrate a prima facie case of
*
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this opinion should not be published and is not precedent except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.
discrimination because he was not “qualified” for the position from
which he was terminated,1 the error is ultimately harmless because
the record fails to support a finding that Alliant’s articulated
reasons for Yarbrough’s discharge were a pretext for age
discrimination. Although our ruling should not be construed to
constitute agreement with the merits of Alliant’s business decision
to terminate Yarbrough, Yarbrough failed to demonstrate that
Alliant exercised its business judgment in bad faith or with
discriminatory animus.
Further, the district court did not err when it granted
summary judgment against Yarbrough’s state law claim. For these
reasons, the judgment of the district court is
A F F I R M E D.
1
See Bienkowski v. American Airlines, Inc., 851 F.2d 1503,
1505-06 (5th Cir. 1988).
-2-
2