Marsh v. ITO Corporation

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60122
Summary Calendar
KENNETH MARSH,
Plaintiff-Appellant,
V.
ITO CORPORATION; INTERNATIONAL
LONGSHOREMEN’S ASSOCIATION, Local 1303;
DONALD EVANS, President,
Defendants-Appellees.
Appeal from the United States District Court
for the Southern District of Mississippi
(1:97-CV-531-GR)
September 23, 1999
Before JOLLY, EMILIO M. GARZA and DENNIS, Circuit Judges.
PER CURIAM:*
Kenneth Marsh, plaintiff-appellant, appeals the decision of
the district court granting summary judgment in favor of
defendants-appellees ITO Corporation, International Longshoremen’s
Association (the Union) and Donald Evans, the Union president.
Marsh filed suit against ITO Corporation, the Union and Evans
alleging discrimination based on disability in violation of the
*
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this opinion should not be published and is not precedent except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.
1
Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.,
and against the Union and Evans alleging breach of the duty of fair
representation under the National Labor Relations Act, 29 U.S.C. §
185(a). We have reviewed the record and the parties’ briefs and
find no reversible error. We AFFIRM for essentially the same
reasons stated by the district court in its final judgment. Marsh
v. ITO Corporation, No. 1:97-CV-531GR (S.D. Miss. Jan. 19, 1999).
2