NOT FOR PUBLICATION ___________________
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 96-2036
ALVIN TERRY,
Plaintiff, Appellant,
v.
ELECTRONIC DATA SYSTEMS CORPORATION,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge] ___________________
____________________
Before
Boudin, Circuit Judge, _____________
Bownes, Senior Circuit Judge, ____________________
and Lynch, Circuit Judge. _____________
____________________
William F. Green with whom Robert A. Rossi was on brief for _________________ ________________
appellant.
Charles A. Linn with whom Michael H. Olvera, Electronic Data ________________ __________________
Systems Corporation, Office of the General Counsel, Robert P. Joy and _____________
Morgan, Brown & Joy were on brief for appellee. ______ ___________
____________________
April 24, 1997
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BOUDIN, Circuit Judge. This is a straightforward ______________
employment discrimination case brought by appellant Alvin
Terry under both the federal and state anti-discrimination
statutes. 42 U.S.C. 2000e-2(a)(1); Mass. Gen. L. ch. 151B,
4(1). Terry claims that he was not hired as a permanent
computer operator at Electronic Data Systems because of his
race. Terry was a temporary employee who was offered a
permanent position subject to a background check; but the
offer was withdrawn after that check.
The district court granted the employer's motion for
summary judgment, finding that Terry had made out a prima _____
facie case but that the presumption of discrimination had _____
been negated because the employer provided an adequate non-
discriminatory reason for not hiring Terry--namely, that the
background check revealed that Terry had a credit problem
relating to an unpaid student loan and Terry showed no
concern when asked about the matter. Since Terry did not put
forward any substantial evidence of discrimination beyond the
prima facie case and produced no evidence that the employer's ___________
stated reason was pretextual, this disposed of the case under
both the federal and state doctrines.
We need not consider whether or not a prima facie case _____ _____
was made out by Terry, since it is crystal clear that apart
from a prima facie case, no substantial evidence of _____ _____
discrimination was presented, nor any basis for believing
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that the non-discriminatory explanation of the employer was a
pretext. Terry's efforts on appeal to manufacture a factual
conflict out of some pleading discrepancies and his
speculative appraisals of the employer's attitude toward him
are too thin to warrant any extended discussion.
Affirmed. ________
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