UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

JOHN J. ABOOD,
Plaintiff-Appellant,

v.
                                                                  No. 96-1689
J. BRIAN ATWOOD, Administrator,
United States Agency for
International Development,
Defendant-Appellee.

Appeal from the United States District Court
for the Eastern District of Virginia, at Alexandria.
T. S. Ellis, III, District Judge.
(CA-95-1663-A)

Submitted: November 7, 1996

Decided: November 21, 1996

Before RUSSELL and WIDENER, Circuit Judges, and PHILLIPS,
Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

John J. Abood, Appellant Pro Se. Jeri Kaylene Somers, OFFICE OF
THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

John J. Abood appeals from the district court's order dismissing his
employment discrimination action brought pursuant to Title VII of the
Civil Rights Act of 1964, as amended, 42 U.S.C.A.§ 2000e (West
1994), and 42 U.S.C. § 1981 (1994). Abood alleged discrimination on
the basis of his gender, race and national origin.

Our review of the record and the district court's opinion discloses
that this appeal is without merit. Even assuming Abood established
a prima facie case of employment discrimination, see O'Connor v.
Consolidated Coin Caterers Corp., ___ U.S. ___, 

(U.S. April 1, 1996) (No. 95-354); see also McDonnell Douglas
Corp. v. Green, 

, 802 (1973); Alvarado v. Board of
Trustees, 

, 121 (4th Cir. 1991), we find that he failed to
disprove the legitimate, nondiscriminatory reasons Defendant prof-
fered to support its selection of an individual other than Abood for
promotion. See Conkwright v. Westinghouse Elec. Corp., 

, 234-35 (4th Cir. 1991); Texas Dep't of Community Affairs v.
Burdine, 

, 253, 256 (1981). Accordingly, we cannot say
that the district court's finding of non-discrimination was clearly erro-
neous. Anderson v. City of Bessemer, 

, 574 (1985).

We further find that the district court properly determined that
Abood's claim of disparate impact is likewise subject to dismissal
based on Abood's failure to exhaust his available administrative rem-
edies, and on the merits. See Amirmokri v. Baltimore Gas & Elec.
Co., 

, 1130 (4th Cir. 1995); Jiminez v. Mary Washington
College, 

, 377 (4th Cir.), cert. denied, ___ U.S. ___, 

(U.S. Oct. 30, 1995) (No. 95-396). Finally, we agree
with the district court that Abood's claim of interference with
employment contract fails to state a claim upon which relief can be
granted. We therefore affirm the district court's order granting Defen-

                     2
dant's motion to dismiss or for summary judgment, and dismissing
Abood's action. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials before
the Court and argument would not aid the decisional process.

AFFIRMED

                    3