Blake v. City of Laredo

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

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No. 95-40060

Summary Calendar

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JACK C. BLAKE, III, et al., Plaintiffs,

STEPHEN BLAKE, as Next Friend to Jack C. Blake, III,

Plaintiff-Appellant,

VERSUS

CITY OF LAREDO

and

CITY OF LAREDO WASTEWATER COLLECTION,

Defendants-Appellees.

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Appeal from the United States District Court for the Southern District of Texas (L-94-CV-155)

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(June 9, 1995)

Before SMITH, WIENER, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:*

The judgment is AFFIRMED, essentially for the reasons set forth in the district court's Memorandum and Order entered on December 27, 1994. The plaintiff sues for sexual harassment un-

*

Local Rule 47.5.1 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of wellsettled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that rule, the court has determined that this opinion should not be published.

der title VII. As the district court noted, however, this court in Garcia v. Elf Atochem N. Am., 28 F.3d 446, 451-52 (5th Cir. 1994), has held that male-on-male harassment is not actionable under title VII even if it is sexual in nature.