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Murray v. Dillard Paper Co, 99-2133 (2000)

Court: Court of Appeals for the Fourth Circuit Number: 99-2133 Visitors: 22
Filed: Oct. 25, 2000
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT THOMAS T. MURRAY; BETTY ROADCAP; DUANE MCINTYRE, Plaintiffs-Appellants, v. DILLARD PAPER COMPANY; INTERNATIONAL PAPER COMPANY; XPED-X, and its subsidiaries, a No. 99-2133 New York Corporation, Defendants-Appellees, and ZELLERBACH; CROWN CORPORATION; FORT JAMES PAPER COMPANY, Defendants. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CA-98-585
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT THOMAS T. MURRAY; BETTY  ROADCAP; DUANE MCINTYRE, Plaintiffs-Appellants, v. DILLARD PAPER COMPANY; INTERNATIONAL PAPER COMPANY; XPED-X, and its subsidiaries, a  No. 99-2133 New York Corporation, Defendants-Appellees, and ZELLERBACH; CROWN CORPORATION; FORT JAMES PAPER COMPANY, Defendants.  Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CA-98-585-3) Argued: September 28, 2000 Decided: October 25, 2000 Before NIEMEYER and MICHAEL, Circuit Judges, and Frederick P. STAMP, Jr., Chief United States District Judge for the Northern District of West Virginia, sitting by designation. Affirmed by unpublished per curiam opinion. 2 MURRAY v. DILLARD PAPER CO. COUNSEL ARGUED: Stephine M. Wells-Moragne, OUT OF STATE ADMIN- ISTRATIVE OFFICE, Lake Wylie, South Carolina, for Appellants. James LeRoy Banks, Jr., MCGUIRE, WOODS, BATTLE & BOOTHE, L.L.P., Richmond, Virginia, for Appellees. ON BRIEF: E. Duncan Getchell, Jr., William H. Baxter, MCGUIRE, WOODS, BATTLE & BOOTHE, L.L.P., Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Thomas Murray, Duane McIntyre, and Betty Roadcap, individuals who worked as employees of Dillard Paper Company, in Richmond, Virginia, commenced this action alleging employment discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act ("ADA"), and the Age Discrimi- nation in Employment Act ("ADEA"). The district court entered sum- mary judgment in defendants’ favor, and this appeal followed. Murray, a 56-year-old African American, was a truck driver with Dillard Paper who had applied unsuccessfully for various sales posi- tions within the company during 1997. He contends that he was not given a sales position because of his race, sex, and age. He also con- tends that he was delayed in having been given full-time employment with the company because of his age; that the company retaliated against him because he filed an EEOC charge and complained that African Americans were given less desirable jobs; that the company failed to accommodate him after he complained of tendinitis; and that he was subjected to a hostile work environment based on his race. Dillard Paper contends that it based its employment decisions with respect to Murray on merit and that race, sex, and age played no part in its decisions. MURRAY v. DILLARD PAPER CO. 3 McIntyre, a 35-year-old African American whom Dillard Paper fired because he falsified his time record, contends that he was fired because of his race. He also alleges that he was subjected to a hostile work environment based on his race. Roadcap, a 56-year-old white woman, contends that, when she pro- tested the elimination of a position at Dillard Paper that had been filled by an African American, the company treated her adversely by yelling at her, monitoring her whereabouts, leaving her out of meet- ings, criticizing her, giving her a poor performance evaluation, and requiring her to report to a newly-hired manager. She alleges that the company discriminated against her and retaliated against her in viola- tion of Title VII, the ADEA, "and/or" the ADA. We have carefully reviewed the record in this case and considered appellants’ arguments made both in their briefs and at oral argument. For the reasons given by the district court in its comprehensive mem- orandum opinion, see Murray, et al. v. Dillard Paper Co., et al., Civil Action No. 3:98CV585 (E.D. Va. Aug. 4, 1999), we affirm. AFFIRMED
Source:  CourtListener

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