Brown v. Tower Loan of MS

CORRECTED
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 97-60604
Summary Calendar
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JOHNNY K. BROWN,
Plaintiff-Appellant,
versus
TOWER LOAN OF MISSISSIPPI, INC. ,
Defendant-Appellee.
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Appeal from the United States District Court for the
Southern District of Mississippi
(5:96-CV-73BrS)
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March 17, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
The appellant, Johnny K. Brown, appeals from an adverse
summary judgment dismissing his claim of age discrimination
brought pursuant to the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. §§ 621-34 After a de novo review of
the summary judgment record, we affirm.
Brown was terminated from his employment with Tower Loan of
Mississippi, Inc., five weeks after he was hired. He was forty-
*
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opinion should not be published and is not precedent except under the limited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.
five (45) years old both at the time he was hired and at the time
he was terminated. Brown attempts to overcome the legitimate
non-discriminatory reasons advanced for his discharge with a
claim of pretext based upon a stray remark (“you just can’t teach
old dogs new tricks”) made by a supervisor who was not involved
in the decision to terminate him and after the decision to
terminate Brown had been made. That stray remark is woefully
inadequate to create an issue of fact with respect to the
appellee’s articulated non-discriminatory reasons for discharging
Brown. See Waggoner v. City of Garland, 987 F.2d 1160, 1166 (5th
Cir. 1993). For essentially this reason and as further explained
in the Memorandum Opinion and Order of the district court, dated
July 30, 1997, the judgment of the district court is AFFIRMED.
2